n Without Prejudice - When sex gets muddled up with unenforceable employment contracts : labour law

Volume 7, Issue 6
  • ISSN : 1681-178X



The recent arbitration award of the Commission for Conciliation, Mediation and Arbitration (CCMA) in the matter of "Kylie" / Van Zyl t/a Brigittes highlights an interesting dilemma: does a person who may broadly fall under the definition of an employee enjoy the protections of labour legislation if the service being rendered is unlawful? The Applicant was referred to as "Kylie" so that her identity could be protected for various reasons, one of which was that public disclosure of her true identity could jeopardise her work prospects both within the sex industry and elsewhere.

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