A CCMA conciliation hearing is not a trial. It is a structured, facilitated negotiation — and most employees arrive completely unprepared because they don't understand what it actually is. This guide explains exactly what happens, what to bring, what the Commissioner will ask, and how to make the decision that most employees struggle with: whether to settle or push for arbitration.

Lawyers are generally not allowed at CCMA conciliation. This is actually in your favour — you are not at a disadvantage by attending without representation. The CCMA conciliation process was specifically designed for employees to participate directly.

What is CCMA conciliation?

Conciliation is the first formal step after you file your referral with the CCMA. A Commissioner — an independent, trained dispute resolver appointed by the CCMA — facilitates a meeting between you and your employer. The Commissioner's job is not to decide who is right. Their job is to help both parties reach a settlement that both can accept.

If you reach a settlement at conciliation, it becomes binding. If conciliation fails — called an "impasse" — the Commissioner issues a certificate of outcome, which allows you to proceed to arbitration (or the Labour Court, depending on the dispute type).

What to bring to conciliation

Decide your minimum before you walk in — not in the room. The pressure inside a conciliation is real. Your employer's representative may be experienced and confident. Commissioners often apply indirect pressure toward settlement. Know your number before the day, and commit to it.

What actually happens in the room — step by step

  1. Opening and administration. The Commissioner introduces themselves, confirms everyone's identity and role, explains the conciliation process, and clarifies that anything said in conciliation is confidential and cannot be used in later arbitration proceedings.
  2. Joint session — you each state your position. Both parties give a brief, factual account of what happened. Keep yours clear and chronological. State the date of dismissal, the reason given, why you believe it was unfair, and what outcome you want. This is not the time for an emotional account — Commissioners respond to facts.
  3. Caucusing — private sessions. The Commissioner typically meets with each party separately. These sessions are confidential. In your caucus, you can speak more openly about your real minimum settlement and your concerns. The Commissioner will relay positions between parties without revealing confidential details.
  4. Negotiation and settlement attempt. The Commissioner shuttles between parties, testing whether there is a settlement range both sides can accept. This may take one round of caucuses or several, depending on how far apart the parties are.
  5. Outcome. Either both parties sign a settlement agreement (which becomes binding and enforceable), or the Commissioner declares an impasse and issues a certificate of outcome. The certificate allows you to request arbitration within 90 days.

How to present your case clearly

When you state your position in the joint session, structure it like this:

  1. State your name, your role at the company, and how long you worked there
  2. State the date of dismissal and the reason the employer gave
  3. Explain specifically why you believe it was unfair — whether procedurally (no hearing, no chance to respond), substantively (the reason was invalid or disproportionate), or both
  4. State what you are asking for — reinstatement, re-employment, or compensation

Keep this to 3–5 minutes. Do not read from a long statement. Do not bring up every grievance you ever had with the employer. The Commissioner needs to understand your case quickly — brevity and clarity help you, not hurt you.

Factual beats emotional, every time. Commissioners hear dozens of cases. An employee who says "I was dismissed on [date] without a hearing despite 8 years of service and no prior warnings" is more persuasive than one who says "they treated me like garbage after everything I gave them." Both might be true — but only one moves the process forward.

The complete ClaimKit includes a conciliation preparation section, a settlement decision framework, and the con-arb warning — what to do if conciliation and arbitration happen on the same day.

Get ClaimKit — R399

Settlement — how to decide whether to accept or reject

This is the hardest moment for most employees. Here is a clear framework for making the decision before you feel pressure in the room:

Consider accepting if —

  • The offer is close to what you realistically expect from arbitration
  • You don't want to return to that workplace
  • Your case has some weaknesses you are aware of
  • You need certainty — arbitration takes months and outcomes are never guaranteed
  • The settlement is tax-advantaged (certain CCMA settlements are structured to minimise tax)

Consider rejecting if —

  • The offer is significantly below what you believe you're owed
  • Your evidence is strong and your case is clear-cut
  • You genuinely want reinstatement and the employer hasn't offered it
  • The employer showed clear bad faith in the dismissal process
  • The difference between the offer and potential arbitration award is worth the additional time and uncertainty
A settlement signed at conciliation is final. Once you sign, you cannot go back to arbitration for the same dismissal. Do not sign under pressure if you are not satisfied — you can always walk away and proceed to arbitration. The Commissioner cannot force you to settle.

What if no settlement is reached?

The Commissioner issues a certificate of outcome indicating that the dispute remains unresolved. You then have 90 days to request arbitration — a formal hearing where an arbitrator will hear evidence from both sides and make a binding award. Arbitration is more complex and time-consuming than conciliation. At this stage, getting a registered labour consultant or attorney involved becomes significantly more valuable.

There is also a process called con-arb where conciliation and arbitration happen on the same day. If your notice from the CCMA says "con-arb," you need to arrive fully prepared for arbitration — not just conciliation. This catches many employees off-guard. See our full guide on con-arb.

The one question most employees forget to answer before they go in

What is the minimum amount I will accept as compensation — as a number, in rands, before tax? Decide this at home, before the hearing. Write it down. A good starting point is: what does three to six months of my salary look like, net of tax? That is a realistic conciliation settlement range for a moderate unfair dismissal. If your case is stronger — long service, clear procedural failure, no prior warnings — your minimum should be higher.