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National Environmental Management Act, 1998 (Act No. 107 of 1998)

Chapter 7 : Compliance, Enforcement and Protection

Part 1 : Environmental Hazards, access to information and protection of whistleblowers

29. Protection of Workers Refusing to do Environmentally Hazardous Work


(1) Notwithstanding the provisions of any other law, no person is civilly or criminally liable or may be dismissed, disciplined, prejudiced or harassed on account of having refused to perform any work if the person in good faith and reasonably believed at the time of the refusal that the performance of the work would result in an imminent and serious threat to the environment.


(2) An employee who has refused to perform work in terms of subsection (1) must as soon thereafter as is reasonably practicable notify the employer either personally or through a representative that he or she has refused to perform work and give the reason for the refusal.


(3) Subsection (1) applies whether or not the person refusing to work has used or exhausted any other applicable external or internal procedure or otherwise remedied the matter concerned.


(4) No person may advantage or promise to advantage any person for not exercising his or her right in terms of subsection (1).


(5) No person may threaten to take any action contemplated by subsection (1) against a person because that person has exercised or intends to exercise his or her right in terms of subsection (1).