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.
The Competition Tribunal does not have the power to grant absolution from the instance
The Competition Appeal Court (“the CAC”) in Competition Commission v X-Moor Transport (Pty) Ltd t/a Crossmoor Transport (273/CAC/Aug25) [2026] ZACAC 4 (22 June 2026), considered the question of whether the Competition Tribunal (“the Tribunal”) has the power to grant absolution from the instance in a prohibited practice case. In two prior cases the Tribunal