Sithole v Metal and Engineering Industries Bargaining and Others (JR318/15)
Sithole v Metal and Engineering Industries Bargaining and Others (JR318/15) [2017] ZALCJHB 434; (2018) 39 ILJ 472 (LC) (24 November 2017)
The court found that the arbitrator misconceived the true nature of the enquiry by focusing solely on the applicant's lack of a work permit and failing to consider the relevant facts, including the applicant's five years of employment and the circumstances surrounding his dismissal. The breach of section 38(1) of the Immigration Act does not shield employers from the consequences of unfair dismissal, and the applicant was entitled to protection under the LRA. The dismissal was both substantively and procedurally unfair. Given the applicant's preference not to be reinstated and his subsequent…
Source excerpt
- Unfair Dismissal
- Immigration Act Section 38
- Compensation For Dismissal
- Review Of Arbitration Award