Mine Health and Safety Act, 1996 (Act No. 29 of 1996)Chapter 7 : Legal Proceedings and Offences83. No discrimination against employees who exercise rights |
| (1) | No person may discriminate against any employee for— |
| (a) | exercising a right in terms of this Act or in terms of a collective agreement contemplated in this Act; |
| (b) | doing anything that the employee is entitled to do in terms of this Act or in terms of a collective agreement contemplated in this Act; |
| (c) | refusing to do anything that the employee is entitled to refuse to do in terms of this Act or in terms of a collective agreement contemplated in this Act; |
| (d) | refusing to do anything that the employee is prohibited from doing in terms of this Act or in terms of a collective agreement contemplated in this Act; and |
| (e) | standing for election, or performing any function, as a health and safety representative or a member of a health and safety committee. |
| (2) | For the purposes of this section— |
| (a) | "discriminate" means to dismiss an employee or to engage in any other conduct which has the effect of prejudicing or disadvantaging the employee, or which prejudices or disadvantages the employee relative to other employees; and |
| (b) | "employee" includes any applicant for employment who has previously been employed at a mine. |