South african employer when his residence permit expired

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A Mozambican employee was dismissed by his South African employer when his residence permit expired. In order to justify the dismissal, the employer relied upon the Immigration Act 13 of 2002, which prohibits the employment of a foreign national without permission. The employer argued that the definition of "employee" contemplates or implies a valid contract of employment and that, as a result, the Labour Relations Act 66 of 1995 did not apply to the employee. Advise the employee with regards to his chances of success against his employer.

Reference no: EM133479342

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