n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - 'Kylie' and the jurisdiction of the Commission for Conciliation, Mediation and Arbitration : analyses

Volume 23, Issue 3
  • ISSN : 1015-0099
  • E-ISSN: 1996-2185



The resolution of labour disputes is primarily founded on the premises that the parties to the dispute are an employer and employee respectively, and that an employment relationship was in existence when the dispute originated. However, what would the legal position on jurisdiction be if an employment relationship can indeed be proven, but the applicant's 'job' is criminally sanctioned by South African law? Would the applicant in such a matter be protected by the South African labour laws, or would the courts and tribunals refrain from assuming jurisdiction in order not to advance criminal conduct in the country, based on the common-law principle of ex turpi causa non oritur actio (the non-advancement of criminal activity by the courts)?

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