Constitutionalising the common law : considering the constitutional dispensation which affords all workers protection via section 23 of the constitution

Abstract

The purpose of this thesis is to broadly determine the influence of the Constitution on the South African labour environment and to do so from the perspective of the labour rights of workers who fall outside the ambit of the traditional common law contract of employment. An examination of the Constitution’s influence will involve a consideration of various aspects including: (i) The evolution of the concept of employee and the contract of employment; (ii) The impact of the Constitution on South African labour relations and labour laws; (iii) The purposive interpretation of legislation; (iv) An outline of the 'Kylie' CCMA ruling and Labour Court judgment; (v) The current legal position of prostitution in South Africa; (vi) The requirements for a meaningful transformation in the legal treatment of sex workers particularly as regards their entitlement to the protections afforded to vulnerable workers provided in the LRA.