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When a Domestic Worker Takes a Dispute to the CCMA
A CCMA referral arriving by email or in your postbox feels alarming, but the process is designed to be accessible, quick and settlement-focused, and household employers go through it every week. This page explains the timeline from referral to award, what you should prepare, and how settlements and awards actually work.
Last reviewed June 2026 · wage figures from 1 March 2026
What the CCMA is, and why panic is not required
The Commission for Conciliation, Mediation and Arbitration is the independent body that resolves workplace disputes. Its services are free of charge to all users, which is exactly why domestic workers can and do use it: no lawyer or money is needed to refer a case. Most matters are about dismissals the worker believes were unfair, or money said to be owed, such as notice pay, leave or severance.
The first formal step is always a meeting aimed at settlement, not a trial. Many household disputes end there, often because a payment was miscalculated or a process like retrenchment consultation was skipped and the gap can be fixed with an agreed amount.
The referral and the clock
A worker refers a dispute on form LRA 7.11 and must serve a copy on you, with proof of service going to the CCMA. The deadlines are tight: an unfair dismissal must be referred within 30 days of the dismissal, and an unfair labour practice within 90 days. A late referral is only heard if the worker applies for condonation and explains the delay.
When the form arrives, read it carefully: it states what is claimed and the outcome sought. Do not ignore it. The CCMA contacts the parties within about 30 days of the referral to schedule the first hearing, and proceedings can continue in the absence of a party who fails to attend.
Conciliation: the first meeting
Conciliation is informal. A commissioner sits with both sides, separately and together, and tries to broker an agreement. Lawyers do not appear at conciliation; a worker may be assisted by a union representative, and you attend in person as the employer. Nothing said in conciliation can be used against you later, which frees both sides to talk openly about a practical settlement.
Three outcomes are possible: a written settlement agreement, a withdrawal of the claim, or a certificate stating the dispute is unresolved. The certificate is not a finding against you; it simply opens the door to the next stage.
Con-arb and arbitration
Dismissal disputes are often set down as con-arb, meaning that if conciliation fails, arbitration starts immediately the same day, so arrive prepared for both. A party may object to the con-arb format in writing beforehand, in which case the worker must separately request arbitration, generally within 90 days of the certificate, on form LRA 7.13.
Arbitration is the formal stage: each side presents its case, witnesses testify under oath and can be questioned, and documents are handed in. Legal representation is allowed at arbitration except in misconduct and capacity dismissal cases, where it needs consent or permission. The commissioner then issues a written award with reasons, sent to the parties within 14 days of the arbitration.
What you should bring as the employer
Your job is to show what happened and that you acted fairly, so bring the paper trail: the written contract or particulars of employment; payslips or payment records and proof of the wage paid; proof of UIF registration and contributions; any warnings or disciplinary records; for a retrenchment, the section 189 letter, your consultation notes and the final payment breakdown; for a desertion, your messages and call logs (see what to do when a worker stops coming to work); relevant WhatsApp threads; and any witness, such as another household member, who saw key events.
Bring three copies of documents: one for the commissioner, one for the other side, one for you. If you genuinely cannot attend on the scheduled date, apply to the CCMA for a postponement in advance rather than simply staying away, because matters can proceed and be decided without you.
Settlements and awards
Settling is not an admission of guilt; it is a commercial decision to end a dispute, and the signed settlement agreement is binding, so only commit to amounts and dates you can honour. If the matter goes to an award and you lose, the remedies are reinstatement or re-employment, or compensation, which for an ordinary unfair dismissal is capped at 12 months' remuneration; commissioners must justify the amount as just and equitable, and most awards in household matters are well below the cap.
An award is binding and enforceable, so pay it by the stated date. If you believe the commissioner got it seriously wrong, get legal advice immediately, because challenges run on strict time limits. And whatever the outcome, fix the underlying gap, usually a missing contract, an informal dismissal or an unpaid entitlement, so you never make the same trip twice.
Frequently asked questions
Does it cost my domestic worker anything to take me to the CCMA?
No. The CCMA's services are free of charge to all users, and no lawyer is required. Budget your response on the assumption that the case will proceed regardless of the worker's means.
Do I need a lawyer at the CCMA?
Not at conciliation, where lawyers do not appear. At arbitration, legal representation is allowed except in misconduct and capacity dismissals, where consent or permission is needed. Many household employers represent themselves successfully with good documents; for high-stakes matters, advice beforehand is money well spent.
What happens if I ignore the referral and don't attend?
The process does not stop. Hearings can proceed in your absence and an award can be made against you by default. Always attend or apply for a postponement in advance.
Can the CCMA make me rehire my domestic worker?
Reinstatement is a primary remedy for unfair dismissal, but in a private household where trust has broken down, compensation is the more common outcome. A commissioner weighs what is practical and just in the circumstances.
My worker referred the case six weeks after I dismissed her. Is it too late?
The deadline for unfair dismissal referrals is 30 days, so a referral at six weeks is late and needs condonation. The CCMA will decide whether to accept it based on the reasons for the delay and the case's prospects. Raise the lateness at the outset, but still prepare on the merits.
If we settle at conciliation, is that the end of it?
Yes, a signed settlement agreement finally disposes of the dispute it covers. Make sure it states that it is in full and final settlement, records exact amounts and payment dates, and then pay exactly as agreed.