On 29 May 2026, the Constitutional Court in NUMSA and Others v Industrial Oleo Chemical Products [2026] ZACC [22] clarified that, in a facilitated largescale retrenchment, it is not necessary to first refer a dispute to conciliation before approaching the Labour Court to challenge the substantive fairness of the dismissal. The judgment brings certainty in relation to section 189A(7) of the Labour Relations Act (“LRA”), following a line of conflicting judgments in the Labour and Labour Appeal Courts.
Reporting for Duty: Whether the Reinstatement Order Imposes Conditions on an Employee’s Entitlement to Backpay
On 13 August 2026, the Labour Court delivered judgment in 4PL.COM Logistical Solutions Provider v Oscar Mazwi Khoza. The decision turned on whether an employee who was awarded retrospective reinstatement is only entitled to backpay in accordance with a reinstatement order upon an actual tender of services in accordance with that order.