A late referral does not automatically mean your case is over. Condonation is the process where the CCMA considers whether to accept your referral even though it was filed late. Some late referrals are accepted. File and apply for condonation.
What is condonation?
Condonation is a formal application to the CCMA asking it to accept your referral even though it was filed after the statutory deadline. The CCMA has the discretion to grant condonation in appropriate cases. It is not automatic, and the employer may oppose your application.
What the CCMA considers
The CCMA applies a well-known test when deciding whether to grant condonation. The main factors are:
- The reason for the delay. What caused you to file late? Was it illness, lack of information, incorrect advice, or something beyond your control? The CCMA wants a reasonable explanation.
- The length of the delay. How many days or months late was the referral? A few days is treated differently from several months.
- Whether you have a reasonable explanation. Vague or unsupported reasons are unlikely to succeed. The CCMA wants specifics.
- Whether the employer will be prejudiced. Would granting condonation unfairly disadvantage the employer? If the employer cannot recall events or locate witnesses because of the delay, this weighs against you.
- Your prospects of success. If your case has merit and you have a reasonable chance of success, this supports condonation.
How to apply for condonation
Step 1: File the referral. Complete the LRA Form 7.11 and file it with the CCMA, even though it is late.
Step 2: Include a condonation explanation. Attach a written explanation of why the referral is late. Be specific. Include dates, reasons and any supporting evidence.
Step 3: Gather supporting evidence. If the delay was caused by illness, get a medical certificate. If it was caused by incorrect advice, get a statement from the person who gave the advice. If it was caused by circumstances beyond your control, explain what those circumstances were.
Step 4: Be ready to argue the application. At the start of the proceedings, the CCMA will consider the condonation application. The employer may oppose it. Be ready to explain why the referral should be accepted.
What to include in your condonation explanation
The date of dismissal or dispute. When did the events happen?
The date you filed. When did you file the referral?
The reason for the delay. What stopped you from filing on time?
What you did about it. Did you take steps to file earlier? Did you seek advice? Did something prevent you from acting?
Supporting evidence. Medical certificates, correspondence, statements from advisers, or anything that supports your explanation.
The CCMA values honesty and specificity. A clear, supported explanation is more persuasive than a vague one. If you do not know why you filed late, say so honestly rather than making up a reason.
Examples of reasons that may support condonation
Illness or hospitalisation — you were unable to file due to a medical condition. Medical evidence supports this.
Lack of information — you did not know about the 30-day deadline. This is harder to argue if you were employed and should have known, but may succeed if you were given incorrect information.
Incorrect advice — you were told by someone that you did not need to file or that the deadline was different. Get a statement from the person who gave the advice.
Circumstances beyond your control — family emergency, bereavement, natural disaster, or other events that prevented you from acting.
The CCMA may refuse condonation. If your condonation application is refused, you will not be able to proceed with the referral. This is why filing on time is always the best option.
After condonation is granted
If the CCMA grants condonation, your referral is accepted and the matter proceeds as normal. The CCMA will schedule conciliation. If condonation is refused, your referral is dismissed and you cannot proceed.
Employee-side preparation support can help you draft your condonation explanation, gather supporting evidence, and prepare for the condonation application at the CCMA.