The British High Commission vs. Jansen – sllr 2014 volume 1 page 234

The case between the British High Commission and Jansen (the employee/workman), addressed the issue of the applicability of state immunity in employment disputes involving foreign diplomatic missions. It was determined that the Labour Tribunal did not have jurisdiction where state immunity, rather than mere diplomatic immunity, was in issue, and that general contractual references to local labour law in appointment letters do not amount to an express waiver of immunity. The distinction between acts jure imperii (sovereign acts) and jure gestionis (private acts) was reaffirmed as critical in classifying the nature of the employment relationship for purposes of immunity. Reliance was placed on international and domestic legal precedent regarding sovereign immunity and the specific nature of