Your article "Call-girl seeks fair legal deal" on February 5 refers.
Your article "Call-girl seeks fair legal deal" on February 5 refers.
When I scrutinised the article, two fundamental questions arose. The first is, is there a contract of employment and second, if there was a contract then what relief is the woman seeking from the labour court.
I differ with the view expressed by the Woman's Legal Centre (WLC) that the Labour Relations Act protects anybody who is in an employment relationship with another, whether or not their relationship is underpinned by the enforceable contract.
In terms of South African law, for a contract to be recognised it must comply with all contractual requirements. Legality is one of them and an employment contract is not an exception.
The Sexual Offences Act still criminalises prostitution and therefore there will be no enforceable employment relationship, hence the finding of the CCMA.
On the second question, normally in labour disputes there are two fundamental remedies at an applicant's disposal - reinstatement and compensation. Does this mean that the court can reinstate a prostitute to go and do illegal work?
I think that the WLC has engaged itself in a futile exercise.
Emmanuel Lekgau, Germiston
Court cannot protect call-girl
Your article "Call-girl seeks fair legal deal" on February 5 refers.
Your article "Call-girl seeks fair legal deal" on February 5 refers.
When I scrutinised the article, two fundamental questions arose. The first is, is there a contract of employment and second, if there was a contract then what relief is the woman seeking from the labour court.
I differ with the view expressed by the Woman's Legal Centre (WLC) that the Labour Relations Act protects anybody who is in an employment relationship with another, whether or not their relationship is underpinned by the enforceable contract.
In terms of South African law, for a contract to be recognised it must comply with all contractual requirements. Legality is one of them and an employment contract is not an exception.
The Sexual Offences Act still criminalises prostitution and therefore there will be no enforceable employment relationship, hence the finding of the CCMA.
On the second question, normally in labour disputes there are two fundamental remedies at an applicant's disposal - reinstatement and compensation. Does this mean that the court can reinstate a prostitute to go and do illegal work?
I think that the WLC has engaged itself in a futile exercise.
Emmanuel Lekgau, Germiston