Amended Occupational Health and Safety Act
26. Victimization forbidden
26. Victimization forbidden
(1) No
employer shall dismiss an employee, or reduce the rate of his
remuneration, or alter the terms or conditions of his employment to
terms or conditions less favourable to him, or alter his position
relative to other employees employed by that employer to his
disadvantage, by reason of the fact, or because he suspects or
believes, whether or not the suspicion or belief is justified or
correct, that that employee has given information to the Minister or to
any other person charged with the administration of a provision of this
Act which in terms of this Act he is required to give or which relates
to the terms, conditions or circumstances of his employment or to those
of any other employee of his employer, or has complied with a lawful
prohibition, requirement, request or direction of an inspector, or has
given evidence before a court of law or the industrial court, or has
done anything which he may or is required to do in terms of this Act or
has refused to do anything which he is prohibited from doing in terms
of this Act.
(2) No employer shall unfairly dismiss an employee, or reduce the rate of his remuneration, or alter the terms or conditions of his employment to terms or conditions less favourable to him, or alter his position relative to other employees employed by that employer to his disadvantage, by reason of the information that the employer has obtained regarding the results contemplated in section 12 (2) or by reason of a report made to the employer in terms of section 25. [Sub-s. (2) added by s. 8 of Act No. 181 of 1993.]
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