Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Chapter Ten : Monitoring, Enforcement and Legal proceedingsPart C : Protection of Employees against Discrimination79. 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. |