Kylie v Commission For Conciliation, Mediation and Arbitration and Others (C52/07) [2008] ZALCCT 14 (31 July 2008)

Kylie v Commission For Conciliation, Mediation and Arbitration and Others (C52/07) [2008] ZALCCT 14 (31 July 2008)

The Labour Court held that the applicant, a sex worker dismissed from employment in a brothel, cannot enforce the statutory right to fair dismissal under the Labour Relations Act (LRA) because the underlying employment relationship is prohibited by the Sexual Offences Act. The court reasoned that public policy and the rule of law preclude courts and tribunals from sanctioning or encouraging illegal activity by enforcing rights or contracts arising from such conduct. The constitutional right to fair labour practices in section 23 does not extend to sex workers or brothel keepers, either as a matter of interpretation or as a justified limitation under section 36 of the Constitution. The...

Citation
[2008] ZALCCT 14
Parties
Applicant: Kylie; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner Bella Goldman N.O.; Respondent: Michelle van Zyl t/a Brigittes
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
31 July 2008
Case Number
C52/07
Procedural Posture
Review Application / Labour Court Review of CCMA Jurisdictional Ruling
Outcome
Application dismissed. The CCMA's ruling is substituted with a refusal of the applicant's claim for compensation.
Judges
Cheadle
Legal Topics
Unfair Dismissal, Statutory Interpretation, Illegality of Contract, Constitutional Limitation, Scope of Labour Rights, Public Policy
Labour Law Civil Procedure Constitutional Law Unfair Dismissal Statutory Interpretation Illegality of Contract Constitutional Limitation Scope of Labour Rights +1 more

Case Brief

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Parties

Kylie

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner Bella Goldman N.O.

Respondent

Michelle van Zyl t/a Brigittes

Respondent

Procedural Posture

Review Application / Labour Court Review of CCMA Jurisdictional Ruling

Legal Issues

  1. 1 Whether a sex worker dismissed from employment in a brothel may enforce the statutory right to fair dismissal under the Labour Relations Act.
  2. 2 Whether the CCMA and Labour Court have jurisdiction to enforce labour rights for employment relationships prohibited by statute.
  3. 3 Whether the constitutional right to fair labour practices in section 23 extends to sex workers and brothel keepers.

Ratio Decidendi

The Labour Court held that the applicant, a sex worker dismissed from employment in a brothel, cannot enforce the statutory right to fair dismissal under the Labour Relations Act (LRA) because the underlying employment relationship is prohibited by the Sexual Offences Act. The court reasoned that public policy and the rule of law preclude courts and tribunals from sanctioning or encouraging illegal activity by enforcing rights or contracts arising from such conduct. The constitutional right to fair labour practices in section 23 does not extend to sex workers or brothel keepers, either as a matter of interpretation or as a justified limitation under section 36 of the Constitution. The...

Court Disposition

Application dismissed. The CCMA's ruling is substituted with a refusal of the applicant's claim for compensation.

Orders

  • The applicant’s claim for 12 months’ compensation is refused.
  • No order is made referring the matter back to the Commissioner.