Was there a valid contract of employment between the Discovery Health and Lanzetta?
20 The Commissioner’s ruling does not reflect any definitive finding on the validity of the contract concluded between Discovery Health and Lanzetta. He refers to a number of decisions that might be construed as suggesting that the contract is invalid, but preferred ultimately to decide the matter on the basis of an ’employment relationship’ not solely dependent on a contract. If, however, the contract between the Discovery Health and Lanzetta was never invalid, that is a perfect reply to Discovery Health’s contention that the CCMA had no jurisdiction because of the underlying validity of the contract. There is merit, therefore, in interrogating the validity of the contract. This requires an examination of the applicable legislation, and a determination of whether the legislature intended that a contract of employment concluded in circumstances where any party to the contract was in breach of the legislation, is necessarily invalid. 21 Section 38(1) of the Immigration Act reads: “Emplo
