Jurisdiction in cross-border employment disputes: A clarification by the Labour Court

With some businesses and entities moving towards an increasingly globalised workforce, questions surrounding jurisdiction in labour disputes involving employees working abroad for domestic employers have become both complex and critical. South African labour law has, until recently, grappled with the issue of whether domestic dispute resolution forums, such as bargaining councils or the Commission for Conciliation, Mediation and Arbitration (CCMA), retain jurisdiction where an employee is domiciled or performs their duties abroad, but remains employed by a South African entity or entered into an employment agreement in South Africa, or through, a South African entity. The Labour Court provides important clarification in the case of Naidoo v Khosa NO and Others (JR1346/22) ZALCJHB 131.