Dismissal of a foreign national without a work visa ruled unlawful
Nyakudya was not always in possession of a work visa during the course of his employment.
On 30 November 2023, the Municipality issued Nyakudya with a letter informing him that his fixed-term contract expired on 31 March 2022, and that he had failed to provide the Municipality with a copy of his South African identity document, despite being requested to do so by the Auditor-General. The Municipality said it was left with no option but to terminate Nyakudya’s contract of employment with immediate effect as his contract was unlawful, specifically as his work permit expired at the time of his employment.
While Nyakudya could have challenged the fairness of his dismissal before the Commission for Conciliation, Mediation and Arbitration (CCMA), he chose instead to approach the High Court to challenge the termination of his contract.
Having considered the facts of the case, the court found that the termination of Nyakudya’s employment contract was unlawful.
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