The employee, a manager of the estate agency, was informed by letter that his contract had been terminated with immediate effect because the employer had been informed that he was using a fraudulent identity document and that the Department of Home Affairs had obtained an order for his deportation. The employee was also told that if he could “sort the matter out”, he could reapply for his position. The employee referred a dispute to the CCMA, claiming that his dismissal was procedurally and substantively unfair. The commissioner ruled that the dismissal was for a fair reason, and that the employer was not in the circumstances obliged to afford the employee a hearing. On review, the employee claimed that he was a South African citizen in possession of a valid identity document, which had been confiscated after his arrest by the department. The Labour Court ruled the dismissal unfair. The employer was ordered to reinstate the employee with full retrospective effect.

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