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How to Refer a Workplace Dispute to the Right Body

Find out whether there is a Bargaining Council covering the sector that the employee works in. If there is a Bargaining Council, phone that Council and find out the steps you should take to refer the matter for conciliation. If there is no Bargaining Council, the dispute must be referred to the Commission for Conciliation, Mediation and Arbitration (CCMA) for conciliation. Do the following:

  • Fill in form LRA 7.11.
  • Send a copy of the form to the employer, by fax, registered mail or personal delivery.
  • Send a copy to the CCMA, by fax, registered mail or personal delivery.

Attach proof that you have sent a copy to the employer, for example a fax transmission slip, registered mail slip, or affidavit confirming personal delivery of form LRA 7.11.

If the employee does not want conciliation and arbitration (known as ‘Con-Arb) to take place on the same day with the same commissioner, he or she must note this in the appropriate space on the dispute Form 7.11.
(See: LRA Form 7.11)

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