Klass Looch Associates

Employer OHS Champion since 1986 

OHS Act. Section 26. Victimization forbidden

(1) No employer shall dismiss an employee, or reduce the rate of his remuneration, or alter the terms of conditions of his employment to terms or conditions less favourable to him, or alter his position relatively 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 employee has given information to the Minister or to any other person charged with the administration of a provision of this Ac 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 a reason of a report made to the employer in terms of section 25 .