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.
