What is Con-Arb at the CCMA — And How to Avoid Being Caught Completely Unprepared

Con-arb is one of the most important things to understand about the CCMA — and one of the least understood by employees filing their first dispute. Most employees prepare for conciliation and show up completely unprepared for what follows when conciliation fails on the same day.

If your CCMA hearing notice says "con-arb," this guide explains exactly what that means, what you need to do differently, and when and how you can object to it.

The difference between standard process and con-arb

Why does con-arb exist?

Con-arb was introduced under section 191(5A) of the Labour Relations Act to reduce the enormous backlog of CCMA cases waiting for arbitration after failed conciliation. By combining the two proceedings on one day, the CCMA significantly increases its capacity to resolve disputes. For the CCMA, it's an efficiency measure. For unprepared employees, it can be devastating.

Which disputes are set down as con-arb?

Con-arb applies primarily to:

• Unfair dismissal disputes
• Unfair labour practice disputes

It does not apply to mutual interest disputes (wage negotiations, collective agreements) or certain other categories. Check your hearing notice carefully — it will state clearly whether the matter is set down as con-arb.

Can you object to con-arb?

Yes — but only if you act in time. Under section 191(5A)(b) of the LRA, any party can object to con-arb by delivering a written objection to the CCMA and all other parties at least 7 days before the scheduled date.

If a valid objection is filed in time, the matter proceeds as a standard conciliation hearing — and arbitration, if needed, is scheduled for a later date. If you miss the 7-day window, your objection will not be accepted and the con-arb proceeds as scheduled.

If con-arb proceeds — what you need to have ready

Arbitration is a formal legal proceeding. Unlike conciliation — where lawyers are generally excluded and the process is informal — arbitration involves the presenting of evidence, examination of witnesses, legal argument, and a binding award by the arbitrator. Here is what you need to have ready if con-arb proceeds to arbitration:

• An opening statement — a clear, structured account of your case: what happened, when, why it was unfair, and what you are asking for
• All documentary evidence, organised chronologically — copies for yourself, the arbitrator, and the employer
• Witnesses — physically present (or arranged via video if the CCMA allows), ready to give evidence. Witnesses you intended to call "next time" cannot simply be called on the day if they're not there
• Questions for the employer's witnesses — cross-examination of the employer's version is central to arbitration
• A closing submission — a summary of your case and why the arbitrator should find in your favour

What happens at arbitration — a brief overview

If conciliation fails and con-arb proceeds to arbitration on the same day:

1. The arbitrator (usually the same person who conducted conciliation, or a separate arbitrator) introduces the arbitration and confirms the parties
2. Both parties make opening statements setting out their version of events and what they are asking for
3. Each party presents their evidence — you go first as the applicant, presenting your documents and calling witnesses
4. The employer presents their evidence and calls their witnesses
5. Each party cross-examines the other side's witnesses
6. Closing arguments or written submissions are made
7. The arbitrator makes a binding award, which may be issued on the day or within 14 days

The arbitration award — what can you win?

If the arbitrator finds in your favour, they can award:

• Reinstatement with back pay from the date of dismissal
• Re-employment on appropriate terms
• Compensation — up to 12 months' remuneration for ordinary unfair dismissal, up to 24 months for automatically unfair dismissal

The arbitration award is legally binding and enforceable. If an employer fails to comply with an arbitration award, the employee can have it made an order of the Labour Court and enforce it like a court judgment.