Sex worker win sets legal precedent

A Cape Town sex worker known as Kylie has reached an out-of-court settlement with her former boss after a four-year legal wrangle.

Her case made headlines after she was dismissed for allegedly being too selective about her clients and refusing to perform oral sex.

According to court papers, Kylie worked at Brigitte’s Massage Parlour in Bellville for about 10 years before Michelle van Zyl, trading as Brigitte, fired her in April 2006.

The reasons provided were that Kylie allegedly failed to do enough bookings, did not manage her time, chose specific clients, refused to perform oral sex and spent time in her room with her boyfriend, who was not a paying customer.

The Women’s Legal Centre assisted her in taking legal action on the matter.

While Kylie refused to comment on the settlement, a lawyer at the centre, Stacey-Leigh Manoek, said: “The parties signed a financial settlement on October 25, the exact terms of which are confidential. We would encourage sex workers to approach the Commission for Conciliation, Mediation and Arbitration as this is now a forum that can offer a remedy to them in the case of unfair dismissal and exploitative working condition. The Kylie case paved the way for this.”

But Kylie’s battle for justice has been a struggle. In August 2006 the CCMA’s commissioner Bella Goldman ruled that the commission did not have jurisdiction over a case of this nature. Kylie then approached the Labour Court, but the court declined to enforce her rights because the nature of her work was illegal. Kylie also tried to approach the Constitutional Court but was directed to the Labour Appeal Court in Joburg, where she was represented by top advocates Wim Trengove and Colin Kahanowitz.

In May the Labour Appeal Court ruled that the CCMA did have the jurisdiction to handle Kylie’s case. This ruling led to the out-of-court settlement.

Trengove said the finding was “significant” because it showed that “the least of us enjoy the rights enshrined in the constitution”.

Manoek said that the Women’s Legal Centre planned to sue the Minister of Police for damages following the “unlawful arrests” of sex workers. The centre is representing 10 sex workers.

The centre’s number is 021 424 5660.

melanie.peters@inl.co.za - Weekend Argus