Cutting out the middle step in facilitated mass retrenchments disputes

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.