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Straight to the Labour Court: Con Court settles jurisdiction after 189A failed facilitation

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Straight to the Labour Court: Con Court settles jurisdiction after 189A failed facilitation

29 May 2026 1 min read Employment Law Alert Article

Today, the Constitutional Court, by majority, in NUMSA and Others v Industrial Oleo Chemical Products [CCT 367/24] clarified the procedural pathway to the Labour Court following a failed facilitation under section 189A of the Labour Relations Act. The Court held that section 189A(7)(b)(ii), read with section 191(11), permits parties to refer an operational-requirements dismissal directly to the Labour Court, without first referring the dispute to the CCMA or a council for conciliation. Distinguishing pre-dismissal facilitation from post-dismissal conciliation, the majority set aside the Labour Appeal Court's contrary ruling and remitted the matter for determination on the merits.

Click here to read the judgement. 

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