Abstract

In AMCU & others v Ngululu Bulk Carriers & others the Constitutional Court explained that, where the reason for a dismissal fell within the parameters defined in s 191(5)(b) of the Labour Relations Act, the dismissed employee could choose, post-conciliation, whether to refer the dispute to the Labour Court for adjudication or to the CCMA or bargaining council for arbitration. This note examines the extent to which this explanation differs from previous jurisprudence and the current practice, whether the explanation consisted of obiter remarks, and whether this interpretation is likely to be followed in the future.