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Employment Equity Act, 1998 (Act No. 55 of 1998)

Chapter V : Monitoring, Enforcement and Legal Proceedings

Part C : Protection of employee rights

51. Protection of employee rights

 

(1) No person may discriminate against an employee who exercises any right conferred by this Act.

 

(2) Without limiting the general protection conferred by subsection (1), no person may threaten to do, or do any of the following:
(a) Prevent an employee from exercising any right conferred by this Act or from participating in any proceedings in terms of this Act; or
(b) prejudice an employee because of past, present or anticipated—
(i) disclosure of information that the employee is lawfully entitled or required to give to another person;
(ii) exercise of any right conferred by this Act; or
(iii) participation in any proceedings in terms of this Act.

 

(3) No person may favour, or promise to favour, an employee in exchange for that employee not exercising any right conferred by this Act or not participating in any proceedings in terms of this Act.

 

(4) Nothing in this section precludes the parties to a dispute arising out of an alleged breach of any right conferred by this Part, from concluding an agreement to settle the dispute.

 

(5) For the purposes of this section "employee" includes a former employee or an applicant for employment.