Edcon sought an order declaring the decision of the LAC in De Beers was wrong in that a termination in breach of the time periods set out in s 189A(8), should not be deemed void where employees are automatically reinstated as a result of the employers non-compliance with a procedural issue. Under such circumstances, according to Edcon, a court should accept that there was indeed a dismissal and from there decide whether the dismissal was fair or not.