How employers can utilise the law in South Africa to reduce and prevent xenophobic attacks against their employees in the hospitality industry

Abstract

This article explains case law precedent that has made it clear that even illegal immigrants without the requisite documents, or work permits, who are illegally in South Africa enjoy the protection provided in terms of labour legislation. The reason for this is that the constitutional right to fair labour practices is applicable to everyone including illegal immigrants. Secondly this article sets out the law with regard to xenophobic acts in the hospitality industry. It explains under what circumstances an employer can dismiss employees for partaking in xenophobic acts. It describes under what circumstances an employer can be held liable for damages and harm suffered by an employee who is a victim of xenophobic acts. It explains what steps an employer should take in order to avoid such liability