Work29 October 2026

Miss your CCMA hearing and your case can now be thrown out

The CCMA's amended rules took effect on 23 October 2026. Commissioners can now dismiss a case if you skip arbitration, hearing notices can come by WhatsApp, and AI use must be disclosed. Here's what changed.

By Reported Team

The CCMA House sign outside the CCMA office at 127 Fox Street, Johannesburg — Photo by flowcomm via Wikimedia Commons (CC BY 2.0)

If you take a dispute to the CCMA and don't pitch for your arbitration, the commissioner can now dismiss your case outright. That is one of several changes in the CCMA's amended rules, which took effect on 23 October 2026 (Government Gazette 55620, General Notice 4208).

The rules cover everyone with a case at the Commission for Conciliation, Mediation and Arbitration, workers and employers alike. Most of the changes are procedural, but a few can decide whether your case survives (Bowmans).

What happens now if you miss your arbitration?

Under the old rules, a case was usually just removed from the roll when the person who referred it didn't attend, and they could apply to have it put back under Rule 31C. The amended Rule 30 lets a commissioner dismiss the matter if the absence is wilful or unexplained, and Rule 31C has been scrapped (Bowmans).

Dismissal is not automatic. It is up to the commissioner, and you can still apply to have the ruling rescinded or varied, or take it on review to the Labour Court (Bizcommunity).

Can the CCMA contact you on WhatsApp now?

Yes. The CCMA may send notice of hearings by SMS, including WhatsApp, and a referral made through its online platforms counts as signed. Those platforms include the CCMA WhatsApp chatbot and cmsonline.ccma.org.za (Cliffe Dekker Hofmeyr).

Three things can be filed this way: a referral for conciliation (LRA Form 7.11), a request for arbitration (LRA Form 7.13) and an application for condonation, which you need when you refer a case late. Filing by email or the platforms can be done at any time, on any day (Cliffe Dekker Hofmeyr).

Because a hearing date might now arrive as a WhatsApp, the phone number you give the CCMA needs to be correct and checked regularly (IOL).

What else changed?

Rule	What changed	What it means for you
Rule 20	Parties must discuss their use of AI and AI-generated material at the pre-arbitration conference and try to agree on it	AI output is judged on relevance, accuracy and reliability like any other evidence, so check it before you rely on it
Rule 16	Conciliation stays private, and recording it in a way that breaks POPIA or the interception law (RICA) is now expressly banned	Don't record a virtual or in-person conciliation without making sure it's lawful
Rule 17	A late objection to con-arb (conciliation and arbitration on the same day) can be accepted if you show good cause	The seven-day deadline still applies, but genuine problems can be excused
Rule 26	Before someone not named in the original referral can be joined, they must first be served with a referral form, and condonation is needed if it's late	Adding another employer or person to a case takes more paperwork
Section 21 referrals	Unions referring organisational rights disputes must prove they gave the employer the required notice	The CCMA may refuse to process the referral without the union's registration certificate and notice

Sources: Bowmans, IOL.

Who made the change?

The CCMA's governing body issued the amended rules under section 115(2A) of the Labour Relations Act. Cliffe Dekker Hofmeyr describes them as a modernising and tidying exercise rather than a new rulebook (Cliffe Dekker Hofmeyr). The full text is on LawLibrary.

FAQ

When did the new CCMA rules start?

The amended CCMA rules took effect on 23 October 2026, published in Government Gazette 55620 as General Notice 4208.

Can the CCMA dismiss my case if I miss arbitration?

Yes. Under the amended Rule 30 a commissioner may dismiss the matter if the referring party's absence is wilful or unexplained. It is discretionary, and you can apply for rescission or variation, or take it on review to the Labour Court.

Can the CCMA send hearing notices by WhatsApp?

Yes. The amended rules allow notice of hearings by SMS, including WhatsApp, so keep the number you give the CCMA up to date.

Can I refer a dispute to the CCMA on WhatsApp?

The rules recognise the CCMA WhatsApp chatbot and cmsonline.ccma.org.za for conciliation referrals (LRA Form 7.11), arbitration requests (LRA Form 7.13) and condonation applications.

Can I use AI for my CCMA case?

Parties must now discuss their use of AI and AI-generated information at the pre-arbitration conference and seek agreement on it. AI output is still judged on relevance, accuracy and reliability.