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Conciliation after failed facilitation: The Constitutional Court clarifies the route to the Labour Court in large scale retrenchments

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In early 2020, Industrial Oleo Chemical Products embarked on a large scale retrenchment exercise on operational grounds, which resulted in the dismissal of the individual applicants (“employees”) in July 2020. The employees, represented by NUMSA, first approached the Labour Court on an urgent basis under section 189A(13), alleging that the employer had pre-determined who would…