NEW CCMA RULES: The procedure has changed. Employers and practitioners need to take notice (PART 1)

Grant Wilkinson

2 hours ago

3 min read

On Friday, 23 October 2026, the amended Rules for the Conduct of Proceedings before the CCMA were published, replacing the 2023 Rules.

At first glance, amendments to procedural rules can appear technical.

They are not.

For employers, HR professionals, trade unions and practitioners, procedure often determines whether a perfectly good substantive case ever gets properly heard.

The new framework is also another indication of the direction in which dispute resolution is moving: more electronic, more structured and increasingly intolerant of procedural complacency.

1. Electronic processes are no longer peripheral

The CCMA's current guidance expressly recognises its electronic referral platform for conciliation and arbitration referrals as well as condonation applications. Documents can also be emailed or submitted electronically at any time, including outside normal office hours.

That sounds administrative.

In practice, it matters enormously.

HR departments should no longer treat CCMA administration as a loose collection of emails, PDFs and calendar reminders.

A referral arrives.

Someone must immediately determine:

What dispute has actually been referred?
When was it referred?
Was service effected?
Is jurisdiction apparent?
Does condonation arise?
What procedural step comes next?
Who owns the matter internally?
What evidence needs to be preserved?

The most dangerous CCMA file is often not the legally difficult one.

It is the one nobody properly diarised.

2. Do not overlook POPIA

The CCMA's current Rules information expressly identifies compliance with POPIA when documents containing personal information are served, filed or otherwise processed.

That deserves far more attention than it tends to receive.

CCMA bundles routinely contain:

ID numbers;
medical information;
payroll records;
disciplinary records;
emails and WhatsApp messages;
employment contracts;
banking details;
personal addresses; and
information concerning other employees.

The fact that information is relevant to litigation does not mean it should automatically be circulated indiscriminately.

Litigation preparation and responsible information governance now need to operate together.

3. Filing correctly still matters

The CCMA guidance confirms that documents may be hand-delivered, sent by registered post or emailed to an address contained in Schedule One, with specified matters also capable of being dealt with through the electronic platform.

I was reminded recently how easy it is to get this wrong.

In an October matter the CCMA specifically directed that documents be filed at the email address for the relevant regional office identified in Schedule One.

The lesson is simple:

Do not assume that because an email reached someone at the CCMA, your document has necessarily been filed in accordance with the Rules.

My practical recommendation

This week, employers should review their internal CCMA process.

Not their disciplinary code.

Their CCMA process.

Who receives referrals? Who calculates deadlines? Who preserves documents? Who briefs witnesses? Who determines whether an application is required? Who checks that service and filing comply with the Rules?

A strong defence can be seriously compromised by weak administration.

Next week I will look at the new Rules from the perspective of conciliation, con-arb, arbitration and jurisdiction, where there are several points practitioners should have firmly in mind.

Over 180 people joined our first New CCMA Rules 2026 pop-up webinar. Due to popular demand, we’re running another session on 02 December 2026 for those who couldn’t attend. Register to secure your place.

This article is for informational purposes only and does not constitute legal advice. For specific legal guidance on protected disclosures, employment practices, or compliance obligations, consult a qualified labour law practitioner.

I'm attending #ALLU2026 banner of Prof. Jonathan Goldberg.

Stay ahead of South Africa’s changing labour law

South Africa’s workplace laws are reaching The Tipping Point. Join us at #ALLU2026 – the Annual Labour Law Update for a practical update on the latest case law, legislative changes, Employment Equity developments, AI in the workplace and the issues employers need to prepare for now.

Get the insight. Understand the impact. Make better workplace decisions.Register for #ALLU2026

View our upcoming events: Upcoming Events and Qualifications, like #ALLU2026; the AI Compass High Impact Workshop Series (Only 4 Sessions); New CCMA 2026 Rules Pop-Up December; Managing Absenteeism & Sick Leave Abuse December 2026; and the Annual Employment Conference #AEC2027.