The 30-day CCMA referral rule, explained

Section 191(1) of the Labour Relations Act gives a dismissed employee 30 calendar days from the date of dismissal to refer an unfair-dismissal dispute to the CCMA. For unfair labour practice disputes the period is 90 days from the act or omission complained of. Miss the date and the CCMA has no jurisdiction to hear your matter — unless you successfully apply for condonation.

How the 30 days are counted

The clock starts on the day after dismissal. Weekends and public holidays are included. The day you actually serve the LRA 7.11 referral form on the employer and file it with the CCMA is the day that counts — not the day you sign it. Email or hand-delivery is acceptable provided you can prove service.

What you need to refer

• A completed LRA 7.11 referral form (one form per employee).
• Proof of dismissal (letter, payslip showing termination, or written statement of the events).
• Proof that you served the form on the employer (signed acknowledgement, registered post slip, or an email with read receipt).
• Your contact details and a brief description of the dispute and the relief you seek (reinstatement, re-employment or compensation).

If you missed the deadline

You may still refer the matter together with a condonation application. The CCMA weighs the degree of lateness, the reason for lateness, the prospects of success, the prejudice to the employer and the importance of the matter. A short delay with a strong reason and good prospects has a much better chance than a long delay with a weak explanation.

Move quickly. The longer you wait, the harder condonation becomes. Draft a clear, signed affidavit setting out the facts, attach supporting documents, and file it with the referral.

Common mistakes

• Counting working days instead of calendar days.
• Waiting for the outcome of an internal appeal — the 30 days run from the date of dismissal, not the appeal outcome.
• Referring to the wrong forum (e.g. bargaining council instead of the CCMA).
• Forgetting to serve the employer.

Need help?

We prepare LRA 7.11 referrals, condonation applications and the full case bundle. We do not represent you at the CCMA — for that, we refer to an admitted attorney. Book a consultation if you would like us to take a look at your matter.