According to section 189A (7) (b) if a facilitator is appointed and 60 days have elapsed from the date on which the notice was given, a registered trade union or the employees who have received the notice for dismissal may either:

I. Give the notice of a strike in terms of section 64 (1) (b) or (d), or

II. Refer a dispute the fairness of a dismissal to the Labour Court.