Global InformationKylie v CCMA information
| Kylie v CCMA | |
|---|---|
| Court | Labour Appeal Court of South Africa |
| Full case name | Kylie v Commission for Conciliation Mediation and Arbitration and Others |
| Decided | 26 May 2010 |
| Docket nos. | CA 10/08 |
| Citation(s) | [2010] ZALAC 8; 2010 (4) SA 383 (LAC); 2010 (10) BCLR 1029 (LAC); (2010) 31 ILJ 1600 (LAC); [2010] 7 BLLR 705 (LAC) |
| Case history | |
| Prior action(s) | Kylie v Commission for Conciliation Mediation and Arbitration and Others [2008] ZALC 86 in the Labour Court of South Africa |
| Court membership | |
| Judges sitting | Zondo JP, Davis JA and Jappie JA |
| Case opinions | |
| Section 23 of the Constitution of South Africa extends labour rights to sex workers, and sex workers are therefore entitled to protections against unfair dismissal in terms of the Labour Relations Act, 1995. | |
| Decision by | Davis JA (unanimous) |
| Keywords | |
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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.