The amended Rules governing proceedings before the Commission for Conciliation, Mediation and Arbitration (CCMA) took effect on 23 October 2026. Issued under section 115(2A) of the Labour Relations Act 66 of 1995 (LRA), the changes aim to clarify procedure and reflect developments in legislation, case law and technology. They do not substantially alter employment rights, but they affect how disputes are referred, managed and heard.
Digital Notices and Data Protection
The Rules recognise electronic signatures and the CCMA’s online referral platforms, including its WhatsApp Chatbot and online case-management system. Hearing notices may be sent by SMS, including WhatsApp, and certain referrals and applications may be filed online. Employers should keep their CCMA contact details current and ensure that someone monitors relevant email inboxes and mobile numbers. Missing an electronic notice can have the same consequences as missing a paper notice. Parties filing or serving documents containing personal information must comply with the Protection of Personal Information Act 4 of 2013 (POPIA) and protect the other party’s information. Employers should review bundles to remove personal information that is not necessary.
Deadlines, Conciliation, and Con-Arb
For periods calculated under the Rules, a “day” is a calendar day. The first day is excluded and the last included. If the final day falls on a weekend or public holiday, the deadline moves to the next working day. This method does not apply to statutory periods, such as the LRA’s referral periods, which are calculated under the Interpretation Act. In con-arb proceedings, an objection must generally be lodged at least seven days before the hearing, unless good cause supports a shorter period. In Valinor Trading 133 CC t/a Kings Castle v CCMA and others (JR292/19, 3 February 2023), the Labour Court held that a late objection could still prevent arbitration from proceeding immediately. Employers should therefore raise objections in writing as early as possible. The Rules also provide for the CCMA to contact parties before conciliation to explore settlement and clarify how an extension of the 30-day conciliation period may be requested.
Artificial Intelligence, Representation, and Joinder
The pre-arbitration conference agenda must now address whether AI or AI-generated information has been used, and the nature and extent of that use. Employers using AI to prepare chronologies, witness statements or submissions should consider how they will explain that use before the conference. A member of a registered trade union or employers’ organisation may represent it in conciliation only if authorised by that organisation. The joinder process is also more specific. A party not named in the referral form cannot simply be added. The applicant must first serve and file a referral form on that party and, if it is late, apply for condonation. Employers may rely on this requirement to challenge attempts to add an entity late, such as another company in a group or a client or labour broker.
Disclosure, Hearings, and Referral Requirements
Requests for documents held by another party must be made through a Rule 29 application, at least 14 days before the hearing. The other party has five days to respond. Documents held by non-parties must be sought by subpoena under Rule 37; a subpoena cannot be used to obtain documents from a party. A party calling an expert must give seven days’ notice, with a summary of the evidence and the basis of the expert’s expertise. For organisational rights disputes under section 21 of the LRA, a union must attach its written notice to the employer and its certificate of registration. Employers should check that these documents, and the required information about the workplace, representativeness and rights claimed, accompany the referral. If a referring party fails to attend, the commissioner must establish why. A good reason leads to rescheduling; a wilful or unexplained absence may result in dismissal. An application to rescind or vary an award must still be brought within 14 days of the applicant becoming aware of it.
Forms and Practical Steps
For certain BCEA undertakings and compliance orders, employers have five days to respond, followed by a three-day reply period. Revised referral forms include POPIA consent wording and ask whether parties can attend an online hearing. Form 7.11 permits only one dispute per form. For discrimination claims, it asks whether the dispute was first addressed internally, as required by section 10 of the Employment Equity Act 55 of 1998. Employers should update their CCMA procedures, monitor electronic notices, diarise deadlines promptly and ensure that HR and employee-relations teams understand the new requirements. Careful preparation is particularly important where an objection, joinder, disclosure application or rescission application may affect the outcome.
The amendments modernise CCMA procedure, but they leave little room for overlooking process. Employers who stay alert to notices and deadlines will be better placed to manage disputes effectively.
