Labour Court of South Africa, Johannesburg - 2008

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1 judgment

Citation	Judgment date
March 2008
Discovery Health Limited v Commission For Conciliation, Mediation and Arbitration and Others (JR 2877/06) [2008] ZALCJHB 1 (28 March 2008) A foreign national without a valid work permit can be an "employee" under the LRA, so the CCMA may have jurisdiction. * Labour law – definition of "employee" (s 213 LRA) – whether dependent on valid common law contract. * Immigration law – s 38(1) and s 49 – criminal sanction for employing foreign nationals without permit but no express contractual nullity. * Constitutional law – s 23 right to fair labour practices and interpretive obligations (s 39(2), s 233) – purposive interpretation favouring protection of workers. * International law – ILO conventions and migrant worker instruments relevant to interpreting labour protections for irregular/unauthorised workers. * Administrative law – review standard: whether Commissioner's decision was one a reasonable decision-maker could reach.	28 March 2008

Citation

Judgment date

March 2008

Discovery Health Limited v Commission For Conciliation, Mediation and Arbitration and Others (JR 2877/06) [2008] ZALCJHB 1 (28 March 2008)

A foreign national without a valid work permit can be an "employee" under the LRA, so the CCMA may have jurisdiction.

* Labour law – definition of "employee" (s 213 LRA) – whether dependent on valid common law contract. * Immigration law – s 38(1) and s 49 – criminal sanction for employing foreign nationals without permit but no express contractual nullity. * Constitutional law – s 23 right to fair labour practices and interpretive obligations (s 39(2), s 233) – purposive interpretation favouring protection of workers. * International law – ILO conventions and migrant worker instruments relevant to interpreting labour protections for irregular/unauthorised workers. * Administrative law – review standard: whether Commissioner's decision was one a reasonable decision-maker could reach.

28 March 2008