1. If you are a victim of unfair labour practice or unfair dismissal, you have a right to refer the dispute in writing:
1.1. To the CCMA, if you and your employer do not fall within the registered scope of any Bargaining Council ( This means that the CCMA has jurisdiction over the matter because there is no bargaining council having jurisdiction over the
matter), or
1.2. To the Bargaining Council , if you and your employer fall within the registered scope of that Bargaining Council ( This means that the CCMA has no
jurisdiction over the matter because there is a bargaining council having jurisdiction over the matter).
WHEN TO REFER DISPUTES ABOUT UNFAIR LABOUR PRATICES AND UNFAIR DISMISSALS
2. The written referral of the unfair labour practice dispute must be referred to the CCMA or the Bargaining Council having jurisdiction within 90 days of the date of the act or omission which allegedly constitutes the unfair labour practice ( for, example, the employer’s unfair refusal to promote, or unfair demotion, or unfair probation, or unfair provision of benefits to you, or unfair precautionary suspension, or unfair penal/punitive suspension, etc.) or, if it is a later date, within 90 days of the date on which you became aware of the act or occurrence. If you are late and can show good cause or good
reasons for your lateness, the CCMA or the Bargaining Council having jurisdiction may permit you to refer the dispute after the 90-day time limit has expired.
3. The written referral of the unfair dismissal dispute must be referred to the CCMA or the Bargaining Council having jurisdiction within 30 days of the date of a dismissal or, if it is a later date, within 30 days of the employer making a final decision to dismiss or uphold the dismissal ( for example, within 30 days of the disciplinary appeal chairperson making a decision to uphold the disciplinary chairperson’s dismissal decision ). If you are late and can show good cause or good reasons for your lateness, the CCMA or the Bargaining Council having jurisdiction may permit you to refer the dispute after the 30-day time limit has expired.
4. Before you take any legal action against your employer, be sure you have all relevant documentary evidence at your disposal to assist you in proving your case ( such as copies of letter of appointment, your employment contract, fixed-term contract, minutes/transcript of your disciplinary hearing, notice of dismissal, latest payslip, employer’s applicable policies- disciplinary policy and code, etc ).
Advocate MD Maluleke, Johannesburg, Saturday, 23 May 2026