Human Rights – LawLibrary

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5 documents

Title	Jurisdiction		Date
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.	Gauteng	Judgment	28 March 2008
Union of Refugee Women and Others v Director: Private Security Industry Regulatory Authority and Others (CCT 39/06) [2006] ZACC 23 (12 December 2006) Reported Whether refugees may be excluded from private security registration and how s23(6) exemptions must be applied. Constitutional law – Equality (s9) – Whether excluding non-citizen refugees from registration as private security service providers constitutes unfair discrimination; Administrative law – PAJA – refusal to register/withdrawal of registration as administrative action; Statutory interpretation – s23(6) discretion on ‘good cause shown’ and its role in tempering s23(1)(a); Refugee law – obligations under 1951 Convention and Refugees Act regarding right to seek employment; Remedies – duty to inform applicants and to consider exemptions.		Judgment	12 December 2006
Minister of Health and Others v Treatment Action Campaign and Others (No 1) (CCT 9/02) [2002] ZACC 16 (4 April 2002) Reported Human rights and fundamental freedoms - Bill of Rights- access to healthcare - the availability and affordability of medical services, medication, and treatment for HIV positive mothers and their unborn children.		Judgment	4 April 2002
Hoffmann v South African Airways (CCT 17/00) [2000] ZACC 17 (28 September 2000) Reported Human rights and fundamental freedoms - Bill of Rights - violation of the right to equality, human dignity and fair labour practices		Judgment	28 September 2000
Larbi-Odam and Others v Member of Executive Council for Education (North-West Province) and Another (CCT 2/97) [1997] ZACC 16 (26 November 1997) Reported A regulation excluding non‑citizens from permanent teaching posts unfairly discriminates against permanent residents and is unconstitutional. Equality — Discrimination — Citizenship as an unspecified ground — Differentiation on citizenship can impair dignity and be unfair; protection of citizens' employment does not justify excluding permanent residents; subordinate regulations cannot be read to neutralise unconstitutional discrimination.		Judgment	26 November 1997