The CCMA Has Changed Its Rules: What Employers Should Know
If your business ever ends up in a dispute at the CCMA, the ground has shifted a little. Updated rules for CCMA proceedings were published and took effect on 23 October 2026. Many of the changes reflect how much of the process now happens online, from electronic filing to virtual hearings and even the use of AI.
Most of the tweaks are procedural, but procedure is where employers often get caught out. Missed deadlines and overlooked notices can sink a case before it begins. Here are the seven changes worth knowing about.
1. More of the process is going digital
The CCMA is steadily moving away from paper. Designated electronic platforms can now be used for filing and processing various matters, including conciliation and con-arb referrals, arbitration referrals and condonation applications.
For employers, this is mostly about staying reachable. Notices may arrive electronically, even via WhatsApp, so the contact details the CCMA has for you need to be correct, and someone needs to be watching that mobile number.
Bottom line: Don’t count on the post or email alone. Make sure someone is monitoring every channel the CCMA might use.
2. AI now has a place in the process
Under the amended Rule 20, parties must address the use of AI and AI-generated material during pre-arbitration. That could mean discussing how much AI was used and trying to agree on how it will be treated.
Note that AI output isn’t automatically credible. It still has to meet the usual tests of relevance, accuracy and reliability, so anything an AI tool produces needs checking before it goes anywhere near a CCMA matter.
Bottom line: Use AI if it helps, but verify everything. It may also be worth putting simple internal guidelines in place for how your team uses it in employment and dispute work.
3. Think twice before hitting “record”
Virtual hearings make recording as easy as clicking a button, but conciliation is private and confidential. The amended Rule 16 deals with this directly, prohibiting recordings that would break laws such as POPIA or RICA.
Bottom line: A hearing being online doesn’t mean you’re free to record it. Doing so could land you in legal and privacy trouble.
4. A bit more room for late con-arb objections
A con-arb lets a matter move straight from conciliation into arbitration. Previously, you generally had to object within a set window before the hearing. Under the amended Rule 17, the CCMA can now consider a late objection if you can show good cause.
That’s a safety net, not an invitation to procrastinate. The seven-day objection period still matters, and you should respond to con-arb notices as soon as they land.
Bottom line: If you miss the deadline for a genuine reason, there may be a way back in. Still, act early.
5. No-shows at arbitration can now cost the referring party their case
Under the amended Rule 30, a commissioner can dismiss a matter if the party who referred it doesn’t show up and the absence is deliberate or unexplained. Before, these situations were typically handled differently, such as striking the matter off the roll. Rule 31C has been scrapped as part of this shift.
Dismissal isn’t automatic. The commissioner has discretion, and the affected party may still have options, such as challenging the ruling.
Bottom line: Always attend when you’ve been properly notified. But an employee who skips arbitration without good reason now risks a much harsher outcome.
6. Tighter rules for roping in extra parties
Under the amended Rule 26, anyone wanting to join a party that wasn’t named in the original referral must first serve the referral documents on that party. If the time limits have already passed, a condonation application may be needed too.
This is good news for employers and related entities, who are less likely to be pulled into a dispute without proper notice.
Bottom line: If you’re suddenly joined to a case, check whether the correct steps were followed.
7. Unions face more paperwork on organisational rights disputes
When a union refers an organisational rights dispute under section 21 of the LRA, it must now include proof that it met the notice requirements. That can include evidence of its registration and proof that the employer was given proper notice. Without the right documents, the CCMA may decline to process the referral.
Bottom line: If you’re on the receiving end of one of these disputes, look closely at what the union has actually submitted.
So what does this mean for you?
The direction is clear: the CCMA is becoming a more digital, tech-driven forum. Good labour relations management now means more than knowing the LRA.
Your business should have processes for:
- Keeping an eye on electronic CCMA communication
- Responding quickly to referrals and notices
- Handling virtual hearings properly
- Using AI responsibly
- Protecting confidential and personal information
- Meeting every deadline
- Making sure whoever represents you is well prepared
One missed notification or procedural slip can seriously damage an employer’s position.
A final word of advice
Don’t wait for a referral to land on your desk before learning how the process works. Review your dispute-handling procedures now, and make sure the people who deal with CCMA matters understand the new rules.
Cofesa Labour Law Specialists helps employers and business owners across South Africa with practical labour law and industrial relations guidance, whether it’s a CCMA dispute, disciplinary process, grievance, incapacity matter, dismissal or retrenchment. Getting the right advice early is the best way to avoid expensive mistakes.
For questions or advise, please contact the Cofesa national helpline:
011 679 4373 | 082 888 9516 | helpline@cofesa.co.za
Disclaimer: The information and material published on this website is provided for general purposes only and does not constitute legal advice. We make every effort to ensure that the content is updated regularly and to offer the most current and accurate information. Readers are advised to always consult with a Labour Law Practitioner before acting on the information. We accept no responsibility for any loss or damage, whether direct or consequential, which may arise from reliance on the information contained in these pages.