This article was written by Verushka Reddy, a director at Norton Rose Fulbright South Africa
On 22 January 2016, the Constitutional Court held that, where there is not a request for facilitation, the failure to refer a dispute to conciliation or retrenching employees before the expiry of the mandatory 30-day periods prescribed by section 189A
This article was written by Verushka Reddy, a director at Norton Rose Fulbright South Africa Inc
A failure to refer a dispute to conciliation or retrenching employees before the expiry of the mandatory 30-day periods prescribed are procedural flaws and do not result in the dismissals being invalid. The latest judgment relates to retrenchments in