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Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Chapter Ten : Monitoring, Enforcement and Legal proceedings

Part C : Protection of Employees against Discrimination

79. Protection of rights

 

(1) In this section, "employee" includes a former employee or an applicant for employment.

 

(2) No person may discriminate against an employee for exercising a right conferred by this Part and no person may do, or threaten to do, any of the following:
(a) Require an employee not to exercise a right conferred by this Part;
(b) prevent an employee from exercising a right conferred by this Part; or
(c) prejudice an employee because of a past, present or anticipated—
(i) failure or refusal to do anything that an employer may not lawfully permit or require an employee to do;
(ii) disclosure of information that the employee is lawfully entitled or required to give to another person; or
(iii) exercise of a right conferred by this Part.

 

(3) No person may favour, or promise to favour, an employee in exchange for the employee not exercising a right conferred by this Part. However, nothing in this section precludes the parties to a dispute from concluding an agreement to settle the dispute.