The Western Cape High Court recently dealt with a case of hiring foreign workers in South Africa, and whether an employer’s intention to employ foreign nationals rather than South African citizens or permanent residents could constitute unfair discrimination.
of hiring foreign workers in South Africa, and whether an employer’s intention to employ foreign nationals rather than South African citizens or permanent residents could constitute unfair discrimination.
“The group applied for a corporate visa that would permit them to employ foreign nationals. To obtain such a certificate, it was necessary for Mukuru to obtain a certificate from the Department of Employment and Labour . The department subsequently refused to issue the certificate because it was not satisfied with Mukuru’s attempts to employ South Africans which prompted Mukuru to take this decision on review.
Reed noted that the ruling is important – especially when considering whether passing over South Africans for employment is discriminatory.
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