Question 1 [5] 51 1.1 It must be noted that in terms of the South African Sexual Offence Act 23 of 1957 both working as a sex worker and living on the premises of a brothel is still criminally prohibited in terms of sections 20 and 3 (a) of the Act. Kylie is a sex worker performing and providing an illegal service of prostitution. Does the law in South Africa protect employees who engage in immoral or illegal contracts substantiate your answer? ( (2) 1.2 According to the case study what type of dismissal is prevalent. (1) 1.3 Which statutory body can she approach since she is a sex worker. a (1) 1.4 What did she claim for in her matter against her employer, and what was the settlement in this case? ? (1) ) Question 2 (15) [ 2.1 Since Kytie is a sex worker who renders an illegal service in terms of the law do you think the employer must follow procedure when firing a sex worker, also discuss a procedure that must followed should Kylie's services be terminated (11) 2.2 Reinstatement in terms of Section 193 LRA can be possible only if the employee request it. Discuss instances where reinstatement cannot be possible in an employment relationship, (4) Question 3 [15] 3.1 Does the CCMA have jurisdiction in Kylie's case whose line of work is illegal and immoral? Please substantiate your answer. (2) 3.2 From this case study you are required to identity three statutory bodies that were approached by Kylie to seek relief for her matter. (3) 3.3 Since this case went through three forums, can you briefly discuss the summary of each statutory body's outcome about the Kylie's case (10) 2 Question 4 [15] 4.1 Since Kylie was engaging in prostitution which is criminalised does she quality to be regarded as an employee in terms of the LRA? 4.2 Which test will be relevant to use in determining it she qualities to regarded as an "Employee"? (1) 4.3 Discuss elements that will quality Kylie to be regarded as an employee in the employment relationship in terms of the LRA. ( (5) 4.4 Outline which sections of the LRA and the Constitution protects sex workers? And discuss what do those sections entail. (6) 6 4.5 According to the case study the employer broke the law and did not comply with relevant statute. Identity which legislation the employer did not comply with, and what was the transgression () (2)