In the modern world of employment in which South Africa is fast being recognised as a destination of choice for remote workers, foreign employers must take care to align the employment contract to the appropriate system of law, says Bradley Workman-Davies.

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The Labour Relations Act (LRA), among other important functions, regulates the rights of employees whose contract of employment has been terminated, and affords the employee the right to refer a dispute to the Commission for Conciliation, Mediation and Arbitration (CCMA) upon receipt of such notice.

However, the position of an employee who needs to rely on legal protection in terms of labour law within the framework of diplomatic immunity remains vulnerable in view of the limitation of their employment rights, and a recent case in the CCMA demonstrates that the mere fact that the employee works in South Africa, does not always mean that the employee can appeal to the LRA or other South African labour laws, if there is an employment dispute.

This is seen in the case of Pitya v United States of America [2023] ("Pitya"), where the court had to determine whether an employee employed by a diplomatic or consular employer was entitled to refer a claim in damages for an unfair dismissal to the CCMA. In this case, Pitya was employed as a visa assistant by a consulate which is part of the US Diplomatic mission to South Africa and component of the US Department of...

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