A decision by the Labour Appeal’s Court, to overturn a 2008 ruling by the Labour Court that a sex worker is not entitled to protection against unfair dismissal as the field of work itself is criminal, could be opening up a Pandora’s Box. In effect it means that the Commission for Conciliation, Mediation and Arbitration (CCMA) would need to be able to establish a quantum to compensate “Kylie” for her loss as a result of her dismissal because the alternative – ordering reinstatement – may be considered state sanctioned criminal activity.
Previously Kylie, who was sacked in 2006, had approached both the Labour Court and the CCMA who had advised her that they could not be of assistance because her acts were not legal in themselves.
