In the matter of Naidoo v Khosa NO and Others (JR1346/22) [2025] ZALCJHB 131 (18 March 2025), the Labour Court addressed the jurisdictional complexities surrounding South African government employees stationed abroad.

Ms. Reena Naidoo, a South African citizen domiciled in the United States, had been employed at the South African Permanent Mission to the United Nations in New York City since 1995. Her employment was terminated on 30 September 2021 due to the abolishment of her post. Contending that the dismissal was unfair, she referred the dispute to the General Public Service Sector Bargaining Council (GPSSBC), albeit two days beyond the prescribed 30-day period.

The appointed commissioner declined to consider Ms. Naidoo’s application for condonation of the late referral, asserting that the GPSSBC lacked jurisdiction. The rationale was that Ms. Naidoo had been employed by the Mission in New York, which, in the commissioner’s view, was not a South African government department.

Ms. Naidoo approached the Labour Court, arguing that her employer was, in fact, the Department of International Relations and Cooperation (DIRCO), a national department within the GPSSBC’s registered scope of operations. The Labour Court reaffirmed the principle that jurisdiction in labour disputes involving employees stationed abroad hinges on the nature and control of the employer’s undertaking, rather than the employee’s physical location of work.

The Court found that the Mission operated under the authority and budget of DIRCO, making it an extension of a South African government department. It emphasised that the employment relationship was governed by DIRCO in South Africa, and there was no indication that Ms. Naidoo’s contract was subject to U.S. law.

This judgment underscores that South African government departments cannot evade oversight by domestic bargaining forums merely by assigning employees to foreign missions. As long as such missions fall under DIRCO’s purview, labour disputes arising from those posts remain subject to the GPSSBC’s jurisdiction. The case provides important clarity for employees posted abroad, ensuring they are not unjustly excluded from domestic labour protections.

Article by Tammy Koekemoer

Dispute Resolution Official at Consolidated Employers Organisation (CEO SA)