You may wish to consider recording the conciliation hearing for your own records. Under the RICA Act (Regulation of Interception of Communications Act 70 of 2002), a participant in a conversation may record without notifying other parties. A digital voice recorder can help you maintain an accurate record of what was said, which may be useful if the matter proceeds to arbitration.
Conciliation Checklist
Check off items as you prepare — your progress saves automatically
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Original ID document or certified copy
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CCMA case number and notice of set down
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Copy of your LRA 7.11 referral form
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Employment contract (if available) and payslips
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Dismissal letter and disciplinary records
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Digital voice recorder (fully charged + tested) — optional but recommended
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Calculated your settlement demand in MONTHS
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Prepared opening statement (2-3 minutes)
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Mentally prepared to resist pressure
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Plan to arrive 30 minutes early
The conciliation process is informal and confidential. What is said here cannot be used in arbitration later (LRA s135).
Typical flow:
- Commissioner introduces themselves and explains the process
- Each party tells their side (5-10 minutes each)
- Commissioner asks clarifying questions
- Private caucuses — commissioner speaks to each side separately
- Settlement negotiations begin
- If settled: sign a binding settlement agreement
- If not settled: commissioner issues a certificate and the matter proceeds to arbitration (LRA s136)
Duration: Usually 2-4 hours. Some resolve in 30 minutes; others take a full day.
- Be respectful — even if you feel wronged, aggression hurts your case
- Stick to facts — avoid emotional language or personal attacks
- Listen carefully — the employer may reveal useful information
- Be flexible but not desperate — settlement is about compromise, not surrender
- Do not interrupt — let the commissioner manage the process
- Bring a support person — you are allowed one observer (not a lawyer at conciliation)
- Dress professionally — business casual is appropriate
- You are not obliged to agree — "I am not prepared to settle at this amount" is a valid response
- Ask for time — "I need 24 hours to consider this offer" is reasonable
- Know your walk-away point — calculate your minimum acceptable settlement before arriving
If you reach settlement, the CCMA commissioner will draft the agreement. But you should know what to expect:
- Names of parties and case number
- Amount and payment terms (lump sum or installments)
- Payment deadline (usually 30-60 days)
- Confidentiality clause (if requested — you can refuse)
- Reinstatement terms (if applicable)
- Reference letter terms (if applicable)
- Clause stating "this settles all disputes between the parties"
The CCMA does not award arbitrary Rand amounts. It awards compensation in months of remuneration (LRA s194).
- Ordinary unfair dismissal: Up to 12 months' remuneration
- Automatically unfair dismissal (LRA s187): Up to 24 months' remuneration
- Unfair labour practice: Up to 12 months' remuneration
Strategy: Argue for months, not Rand. Example:
❌ Weak: "I want R150,000"
✅ Strong: "I seek 10 months' remuneration. I was employed for 5 years, dismissed without a fair procedure, and have been unemployed for 3 months."
The commissioner will calculate the Rand value based on your proven monthly remuneration.