Question:

Can you tell what is the position of the Labour court regarding a illegal foreigner, only after committing theft it was discovered that he was indeed illegal and that he obtained a Temporary ID by committing fraud with the ID number, he was employed believing that he was a South African citizen – will he also be seen as an lawful employee?

Answer:

If he obtained his status via fraudulent means this is illegal and alone is enough to terminate his employment. He would have a very weak LC case if this is the circumstances. Lawfully he would not be an employee due to the methods he obtained such.

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