Quick answer
Ask the lawyer to classify the employment event before discussing tactics. The consultation should identify whether employment continues, who terminated it, the earliest possible trigger date, the potential legal routes, the correct forum, evidence gaps, urgent protection needs and the next irreversible decision. Then clarify scope, representation limits, fees and the written output you will receive.
Key takeaways
- Ask what must be proved, not whether the story sounds unfair.
- Get the trigger date and forum recorded in writing.
- Test the strongest likely employer response.
- Clarify who handles each next step and at what cost.
- Verify the practitioner and the limits of CCMA representation.
How to use this guide
Do not spend the whole meeting retelling the workplace history. Send a one-page chronology and the critical documents beforehand, and use the appointment to test decisions that require legal judgment.
1. What legally ended, or may end, my employment?
Ask whether the known facts show continuing employment, a threatened dismissal, an employer dismissal, voluntary resignation, mutual separation or possible constructive dismissal. Provide the exact resignation demand, your response and all termination communications.
Request a list of facts that would change the classification. This prevents advice from being based on a shorthand description such as “forced resignation”.
2. What must I prove first?
For constructive dismissal, ask how the evidence addresses employee termination, employer conduct, objective intolerability and causation. Under Maleka, ask whether the conditions were already intolerable rather than anticipated and which reasonable internal alternatives were actually available, including how safety, harassment or futility affects their use.
Then ask what burden shifts if a dismissal is established and which fairness issues the employer would need to justify.
3. What is the earliest possible trigger date?
Give the dates of the ultimatum, resignation, acceptance, last day worked, notice expiry, access termination and final pay. Ask the lawyer to identify the working deadline and any competing calculation.
If the period may have expired, ask immediately about condonation, supporting facts and whether a late referral should be prepared without further delay.
4. Which forum and dispute description fit?
Ask whether the matter belongs at the CCMA, a bargaining council, another statutory body or a court. Provide sector, union and collective-agreement information.
Where the facts also involve discrimination, protected disclosure, unpaid remuneration, contract or safety, ask whether those issues require separate referrals or remedies instead of being compressed into one dismissal label.
5. What evidence is missing or risky?
Ask the lawyer to rank the five most important proof gaps. Confirm how to preserve emails and messages, approach witnesses and seek employer-controlled records lawfully.
Disclose evidence that weakens your account. Advice based on a curated file may fail when the employer produces the complete thread.
6. What should I do before the next workplace event?
If a hearing, meeting, signature deadline or work shift is imminent, ask whether to attend, request reasons, seek a postponement, respond in writing, lodge a grievance or take another protective step.
Ask for exact wording only where the lawyer has reviewed the necessary context. Avoid copying a generic “under protest” template into a live dispute.
7. Is urgent protection required?
Raise threats, harassment, health risk, retaliation, system cutoff, evidence loss, immigration dependence or inability to meet basic expenses. Ask which employment step can run alongside emergency, medical, police, protection or immigration assistance.
Do not allow evidence strategy to override immediate safety.
8. What outcome is legally and practically available?
Discuss continued employment, reinstatement, compensation, payment, correction of records, negotiated separation or urgent relief. Ask what each outcome requires and what downside, delay or cost should be expected.
Treat remedy ranges as possibilities, not promises. The preferred outcome cannot replace jurisdiction or proof.
9. Can you represent me at the CCMA?
The 2025 CCMA rules information states that legal practitioners and candidate attorneys may not represent a party during conciliation, including the conciliation part of con-arb. They are generally permitted at arbitration, while consent or permission restrictions apply to specified dispute categories and a bargaining council may use different rules. Clarify what applies to this dispute and what the lawyer will do at each stage.
Do not infer full representation from a general retainer. Put each stage in the scope.
10. What are the mandate, team and fees?
Ask who will perform the work, the hourly or fixed basis, estimate, disbursements, advocate or correspondent involvement, deposit, update frequency and approval point for additional work. Confirm what is excluded.
Use the Legal Practice Council search to check the practitioner's displayed type and practising status. That verification does not prove specialisation or guarantee quality, so ask for relevant experience and availability too.
11. What should I receive after the meeting?
Request a written note with classification, open issues, next deadline, forum, immediate action, evidence requests, responsible person, deliverable date and cost estimate. Correct factual errors promptly.
This general consultation agenda cannot replace legal advice based on the complete employment record.
Additional FAQ
Should I ask who will calculate and diary the referral deadline?
Yes. Confirm the event and date used, the forum, the person responsible for filing, service requirements and what happens if lateness is possible. Paying for a consultation does not itself transfer responsibility unless the written mandate says the practitioner will file.
FAQs
Should the lawyer tell me to resign during the first call?
A responsible assessment should first clarify employment status, the employer's words, active processes, alternatives, evidence, safety and deadlines. An immediate instruction may be justified only after the relevant facts are understood.
Can a lawyer automatically represent me at every CCMA stage?
No. CCMA representation rules differ between conciliation, arbitration and dispute types. Ask what assistance is permitted, what requires an application and which work is included in the mandate.
What deliverable should I request after the consultation?
Ask for a written issue-and-date note identifying the likely route, key evidence gaps, next deadline, immediate action, scope, responsible person and estimated cost of the next stage.
Should I ask who will calculate and diary the referral deadline?
Yes. Confirm the event and date used, the forum, the person responsible for filing, service requirements and what happens if lateness is possible. Paying for a consultation does not itself transfer responsibility unless the written mandate says the practitioner will file.
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Legal note
This article is general legal information for South African readers. It is not legal advice. Speak to a qualified legal professional about your specific facts before taking action.