A comparative perspective on the application of domestic labour legislation in international employment disputes
CITATION: Calitz, k. & Garbers, C. 2013. A comparative perspective on the application of domestic labour legislation in international employment disputes. Stellenbosch Law Review = Stellenbosch Regstydskrif 24(3): 538-561.
The original publication is available at https://journals.co.za/content/journal/ju_slr
An analysis of different methods of dealing with the application of domestic legislation in international employment disputes in the chosen jurisdictions indicates that two broad approaches are followed, namely a private international law approach and an interpretive approach. It is recommended that South Africa should follow a combination of these approaches, as is done in Britain, instead of the strict interpretive approach followed currently. This would entail that in deciding whether legislation is applicable, the court should take connecting factors into consideration. More specifically, it is further recommended that the definition of "employee" in the Code of Good Practice: Who is an Employee? be amended to provide guidelines to the Labour Court and the CCMA regarding connecting factors.