On 23 October 2026, the governing body of the Commission for Conciliation, Mediation and Arbitration (CCMA) published and immediately brought into effect amended Rules for the Conduct of Proceedings before the CCMA (Rules).
From WhatsApp notices to artificial intelligence (AI) disclosures at pre-arbitration conferences, CCMA proceedings are entering a new era. The amendments to the Rules modernise the CCMA’s processes and respond to developments in case law, technology and litigation practice. While many of the changes are procedural, several have real practical consequences for employers.
The seven most significant changes affecting the approach to CCMA litigation are set out below.
1. Greater use of digital platforms
The amended Rule 7 and related filing provisions have expanded the methods through which documents may be served and filed.
The Rules formally recognise filing through designated CCMA electronic referral platforms for certain applications, including referrals for conciliation, including conciliation-arbitration (con-arb) (LRA Form 7.11), referrals for arbitration (LRA Form 7.13), and condonation applications.
Employers should ensure that mobile numbers provided to the CCMA are monitored and maintained, as important notices of proceedings may now be communicated via WhatsApp.
2. AI and the CCMA process
Parties are increasingly using AI tools to prepare for, and conduct, proceedings before the CCMA.
In response to this reality, and to encourage transparency between parties, the CCMA has amended Rule 20 to expressly recognise the use of AI. Parties are now required to address the use of AI and AI-generated information during the pre-arbitration conference and to seek agreement on the nature and extent of such use.
AI-generated information remains subject to the normal rules concerning relevance, accuracy, and reliability. Employers are therefore encouraged to establish internal protocols governing AI use in employment disputes and to ensure that all AI-generated outputs are independently verified before being relied upon in proceedings.
3. Restrictions on recording conciliations
As virtual hearings become more common, there may be instances where parties record proceedings through meeting platforms or mobile devices.
The amended Rule 16 still provides that conciliation proceedings are private and confidential, and now expressly prohibits the recording of conciliation proceedings in a manner that contravenes the Protection of Personal Information Act 4 of 2013 or the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002.
Employers should therefore be cautious when using recording functions on virtual meeting platforms or mobile devices during conciliation proceedings.
4. More flexibility regarding con-arb objections
Parties who wish to object to a con-arb process are ordinarily required to do so at least seven days before the hearing.
The amended Rule 17 now allows the CCMA to accept a late objection if the objecting party can show good cause. The amendment introduces flexibility where genuine circumstances prevent compliance with the seven-day period.
5. Non-attendance at arbitration may result in dismissal of a claim
Under the previous Rules, where an employee (or other referring party) failed to attend arbitration, the matter would generally be removed from the roll, after which the employee could seek to have it re-enrolled under Rule 31C.
The amended Rule 30 now expressly provides that a commissioner may dismiss the matter where the referring party’s absence is wilful or unexplained, and Rule 31C has been deleted in its entirety.
Despite this development, dismissal of the matter under these circumstances is still discretionary, and an employee may still apply to rescind or vary the dismissal ruling or take it on review at the Labour Court.
Bradley Workman-Davies 30 Mar 2023 6. Stricter requirements for joinder applications
The amended Rule 26 strengthens the requirements for joining parties who were not cited in the original referral.
The applicant must now first serve a referral form on the party that was not cited in the original referral form and, if the referral falls outside the applicable time limits, condonation will be required before the joinder application can proceed.
This amendment reduces the risk of employers, related entities or individuals being added to proceedings without appropriate notice and procedural compliance.
7. Organisational rights disputes face tighter procedural scrutiny
Trade unions referring organisational rights disputes under section 21 of the Labour Relations Act 66 of 1995 (LRA) must now provide proof that they complied with the notice requirements contained in sections 21(1) and (2) of the LRA.
Accordingly, the CCMA may refuse to process a referral if the required supporting documentation, including the union’s registration certificate and notice to the employer, is not provided.
Key takeaways for employers
The amendments reflect the CCMA’s continued shift toward digital case management and its efforts to address emerging issues such as AI and data privacy.
Employers involved in CCMA proceedings should promptly review their dispute-management procedures, update protocols relating to digital communication and AI use, and familiarise themselves with the new Rules before participating in CCMA proceedings.
