3.3_Case update by Benita Whitcher.pdf
3.3_Case update by Benita Whitcher.pdf
3.3_Case update by Benita Whitcher.pdf
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Illegal ll l contracts and d unfair f i di dismissal i l actions i<br />
Discovery i Health lhLtdd v CCMA &others h [ [2008] ] 7 BLLR ( (LC) )<br />
– Foreign nationals working without work permits are EEs as defined <strong>by</strong> the<br />
LRA<br />
– They may bring actions for unfair dismissals under the LRA.<br />
– Immigration g Act prohibits p employing p y g foreigners g without a work permit. p Onlyy<br />
consequence of doing so is that the ER is guilty of an offence.<br />
– To hold otherwise would frustrate the right of EEs to fair labour practices practices.
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