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Kylie V Commission For Conciliation Mediation And Arbitration
''Kylie v Commission for Conciliation, Mediation and Arbitration and Others'' is an important decision in South African labour law, handed down on 26 May 2010 in the Labour Appeal Court of South Africa. Writing for a unanimous court, Judge of Appeal Dennis Davis held that the Labour Relations Act, 1995 applied to sex workers and that the Commission for Conciliation, Mediation and Arbitration therefore had jurisdiction to hear a dispute between a sex worker and the brothel that had fired her. Although the court affirmed that sex workers' employment contracts were legally unenforceable'','' it held that sex workers were nonetheless protected by the labour rights granted in section 23 of the Constitution of South Africa. Background The appellant, pseudonymized as Kylie, was employed as a sex worker at Brigitte's Massage Parlour, a brothel in Bellville, until she was fired in April 2006, among other things because she refused to render oral sex as "a matter of taste". ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Labour Appeal Court Of South Africa
The Labour Appeal Court is a South African court that hears appeals from the Labour Court. The court was established by the Labour Relations Act, 1995, and has a status similar to that of the Supreme Court of Appeal. It has its seat in Johannesburg but also hears cases in Cape Town, Port Elizabeth and Durban. Judges of the Labour Court, who must be High Court judges, are appointed by the President, acting on the advice of the Judicial Service Commission and the National Economic Development and Labour Council. The Judge President (JP) and a Deputy Judge President (DJP) of the Labour Court also serve as JP and DJP of the Labour Appeal Court and there are eight other judges on the court. Each case before the court is heard by a panel of three judges. Judgments of the Labour Appeal Court can be appealed to the Constitutional Court as there is a fundamental constitutional right to fair labour practices in the form of section 23. Such appeals are not uncommon. See also * Labour c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |