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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.
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