CCMA Referral & Letter of Demand — Unfair Dismissal
You represent Ms Nomsa Khumalo, a 38-year-old checkout supervisor summarily dismissed by Shoprite Checkers (Bara Mall branch) on 14 May 2026 after 9 years' service. Refer the dispute to the CCMA, draft the LRA 7.11 form, and prepare a letter of demand to the employer.
Your role
Candidate Attorney at a Johannesburg boutique labour firm
Scenario
BACKGROUND Nomsa Khumalo (ID 8703145678089) started at Shoprite Checkers on 3 March 2017 as a cashier, promoted to checkout supervisor on 1 August 2021. Gross monthly salary at dismissal: R14,860 (basic R12,400 + housing R1,200 + transport R1,260). She is the sole breadwinner for three minor children and a diabetic mother. THE INCIDENT On 2 May 2026 at 18:47, the store's loss-prevention officer, Mr S. Naidoo, viewed CCTV showing Nomsa placing two chocolate bars (R38.50 total) into her handbag near till 6. Nomsa says the chocolates were given to her by a colleague, Ms Palesa Moloi, as a birthday gift and she intended to declare them at the staff exit search. The store has a written zero-tolerance for theft policy in the induction manual, but paragraph 4.2 of the disciplinary code requires consideration of length of service, value involved, and mitigating circumstances. THE HEARING A disciplinary hearing was convened on 12 May 2026 (10 days after the incident, on 48 hours' notice). The chairperson, Mr A. van der Merwe (store manager), refused Nomsa's request to call Palesa as a witness (not necessary), refused a postponement to secure representation by her union shopsteward, and refused to view the full 30 minutes of CCTV footage which Nomsa says would show Palesa handing her the chocolates. Nomsa was dismissed on the spot. The written outcome (dated 14 May 2026) states only: Guilty of theft. Trust relationship destroyed. Dismissal. CLIENT INSTRUCTIONS Nomsa wants (i) reinstatement with back-pay, or (ii) if reinstatement is refused, maximum compensation. She is not a union member (union subscription lapsed in 2023). Today is 27 May 2026. The 30-day CCMA referral window closes on 13 June 2026. APPLICABLE LAW LRA 66 of 1995 ss 185, 186(1)(a), 188, 191(1)(b)(i); Item 7 Code of Good Practice: Dismissal (Sch 8); Sidumo v Rustenburg Platinum Mines 2008 (2) SA 24 (CC); Woolworths (Pty) Ltd v Mabija (2016) 37 ILJ 1096 (LAC) on procedural fairness; NUM v CCMA (Anglo Platinum) 2015 (36) ILJ 442 (LAC) on progressive discipline.
Learning outcomes
- Apply the LRA definition of dismissal and the tests for substantive and procedural fairness
- Draft a client intake note capturing material facts and legal issues
- Complete a CCMA Form 7.11 referral for unfair dismissal
- Draft a professional letter of demand to the employer
Tasks you'll complete
Task 1 — Client intake note
Draft an internal intake note (max 500 words). Identify the parties, the facts, the client instructions, the legal issues (LRA s186, s188, s191, automatically unfair dismissal), and immediate steps.
Task 2 — Prospects & jurisdiction memo
Write a short memo (max 600 words) advising on (a) CCMA jurisdiction, (b) substantive fairness, (c) procedural fairness, (d) prospects and remedies (reinstatement vs compensation under s194).
Task 3 — CCMA Form 7.11 referral
Populate the key fields of a CCMA Form 7.11 (Referral of a dispute): parties, nature of dispute, summary of facts, relief sought, date of dismissal. Explain your choice of con-arb.
Task 4 — Letter of demand
Draft a letter of demand to PowerGrid Logistics (Pty) Ltd (max 400 words) demanding reinstatement or compensation, giving 10 business days to respond, and warning of CCMA referral.
Document pack
You'll receive 6 case documents when the simulation starts.