Pitja v United States of America (JS 528/2022)
Pitja v United States of America (JS 528/2022) [2023] ZALCJHB 152; [2023] 8 BLLR 833 (LC); (2023) 44 ILJ 2294 (LC) (23 May 2023)
The court found that the applicant was employed as a visa assistant at the US consulate, which is part of the US diplomatic mission and a component of the Department of State. His duties placed him squarely within the definition of consular staff under section 5(2)(b) of the Foreign States Immunities Act. As such, the exception to immunity for employment contracts did not apply, and the respondent retained immunity from the jurisdiction of the Labour Court. Previous decisions of the Labour Court supported this interpretation, and none of the authorities cited by the applicant undermined this…
Source excerpt
- Foreign State Immunity
- Contracts Of Employment
- Jurisdiction Of Labour Court
- Diplomatic And Consular Staff
- Basic Conditions Of Employment Act