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Prostitute Sues Over "Unfair Dismissal"

samzenpus posted more than 4 years ago | from the painful-employment dept.

The Courts 17

A South African prostitute known only as "Kylie" has decided she's not going to take her firing lying down. She has gone to court, claiming she was unfairly released from her job at a massage parlor. The problem for Kylie is that prostitution is illegal in South Africa so the judge at the labour appeals court has expressed his doubts about the legality of a person engaged in illegal activity challenging a dismissal. "When dismissed you are made to stop with something criminal... but then you say 'please protect me from someone who is stopping me from doing something criminal' — it doesn't makes sense to me," Judge President Raymond Zondo said.

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17 comments

Frist (-1, Offtopic)

AstroMatt (1594081) | more than 4 years ago | (#31486932)

First post...

Re:Frist (1)

qsliver (1737040) | more than 4 years ago | (#31488984)

Hardly a topic where being "first" is something to be proud of. :)

This isn't going to have a happy ending (1)

bsandersen (835481) | more than 4 years ago | (#31487480)

... is it?

Re:This isn't going to have a happy ending (1)

Kitkoan (1719118) | more than 4 years ago | (#31491530)

... is it?

Maybe if it'll help with the judges rulings it might

Re:This isn't going to have a happy ending (1)

forgot_my_username (1553781) | more than 4 years ago | (#31492000)

Something about this just rubs me the wrong way ...

That explains it (1)

Locke2005 (849178) | more than 4 years ago | (#31487832)

Kylie, who was sacked in 2003 after working for ten years at Brigitte's Massage Parlour After ten years, she was most likely too old to satisfy their clients' discerning tastes in "massage". Seriously, if you're in that line of work, you better already have an alternative career path planned out!

Re:That explains it (0)

Anonymous Coward | more than 4 years ago | (#31489374)

Yeah, but how many places have openings for "crackhead-in-residence"?

Re:That explains it (0)

Anonymous Coward | more than 4 years ago | (#31492082)

Well the US did elect G.W. Bush! But vacancies are rare!

Re:That explains it (1)

MyLongNickName (822545) | more than 4 years ago | (#31491506)

One could say the same about IT workers.

Re:That explains it (1)

Nutria (679911) | more than 4 years ago | (#31492036)

One could say the same about IT workers.

They could, but they'd be wrong: I've been in IT for 20 years.

Unknowingly, though, and echoing one of the earlier posts, I stumbled into a programmer's exit strategy by becoming a DBA to fill a need in the office.

Re:That explains it (1)

TapeCutter (624760) | more than 4 years ago | (#31492572)

That only applies if (like the hooker) you're a low level worker in a two bit outfit, I'm 50 and have been in "IT" for 20yrs, the guy who sits next to me is a 35yr veteran, in fact where I work we don't hire developers with less than 10yrs experience.

Re:That explains it (2, Insightful)

lul_wat (1623489) | more than 4 years ago | (#31492580)

Catch 22 much?

Re:That explains it (1)

TapeCutter (624760) | more than 4 years ago | (#31504184)

No, we also train our testers to become developers if they show an interest and apptitude.

no rights? (1)

vxice (1690200) | more than 4 years ago | (#31495372)

So criminals don't have rights now? Was it in fact illegal to discriminate against her for criminal acts such as prostitution? If it is Then it does it really matter if she committed a crime, the law says she is protected. Otherwise there is no case. And from the article "The woman, known as "Kylie", alleged that the massage parlour's boss dismissed her for choosing her clients and for spending time with her boyfriend, who did not pay for her services." Then somehow in the next sentence it mentions prostitution, there is no legal charge of prostitution.

Re:no rights? (1)

ElectricTurtle (1171201) | more than 4 years ago | (#31496840)

I am not familiar with SA law, but in US law this would be thrown out and she'd be in jail. (I personally think prostitution should be legalized, but that doesn't change how things would be handled right now.) This is like those idiots who go to the police and report that their cocaine has been stolen. No law enforcement organization is going to help somebody break the law, whether that's possession of a controlled substance (if it were returned, the 'victim' of theft would immediately be guilty of criminal possession) or prostitution (if she were reinstated she would immediately be guilty of continuing to practice prostitution). Further, while criminals maintain certain rights (no cruel or unusual punishment, etc.), they are different rights than those of non-criminals. Convicted felons are stripped of their right to vote, right to bear arms, and their right to move around unimpeded (imprisonment) etc. Such is life.

Re:no rights? (1)

vxice (1690200) | more than 4 years ago | (#31497348)

There was no mention of prostitution charges, she claimed that she had been fired for choosing clients and servicing her boyfriend without charge never mentioning prostitution except to note that it is illegal. Now if that is true and she was a prostitute it would seem as if the 'parlor' was sanctioning prostitution and they would be just as guilty. If she was 'working' outside of her job as a prostitute my question still stands, is a prostitution charge something you can fire an employee for in South Africa? Finally as you note right to vote, bear arms etc. are removed for felons but not all rights and there are several classes of crimes so is prostitution one of these? But the issue still remains that this article had no where near enough information.

She violated the first rule of business (1)

Vinegar Joe (998110) | more than 4 years ago | (#31497726)

The customer always comes first.

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