Preparing for a CCMA Hearing

Types of CCMA Proceedings

There are two main stages:

• Conciliation — an attempt to settle the dispute without a formal hearing. A commissioner facilitates a discussion between both parties. About 70% of cases are resolved here.
• Arbitration — if conciliation fails, the case goes to arbitration where the commissioner makes a binding decision after hearing both sides.

What to Bring

Download your SA Wages Pro Evidence Pack before the hearing. Also bring:

• Your ID document
• The employee's contract (printed)
• All payslips for the employee (included in evidence pack)
• Any relevant correspondence (WhatsApp messages, emails, letters)
• Witness statements if applicable
• The Commissioner Summary from the evidence pack

What to Expect

At conciliation, the commissioner will ask both parties to explain their side. You'll have a chance to present your evidence. The commissioner may propose a settlement. You are not obligated to accept.

At arbitration, it's more formal. Both parties present evidence and can call witnesses. The commissioner then issues a binding award (decision). This can include reinstatement, compensation (up to 12 months' salary), or dismissal of the case.

Common Employer Mistakes

• Not attending the hearing (the commissioner will rule against you by default)
• Not having records or documentation
• Not following progressive discipline before dismissal
• Not having a written employment contract
• Dismissing without a hearing or chance to respond