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MODULE NAME: MODULE CODE:

PRINCIPLES OF EMPLOYMENT LAW PEMA5122/p

ASSESSMENT TYPE: EXAMINATION (PAPER ONLY)

TOTAL MARK ALLOCATION: 120 MARKS
TOTAL HOURS: 2 HOURS (+10 minutes reading time)
INSTRUCTIONS:
1. Please adhere to all instructions in the assessment booklet.
2. Independent work is required.
3. Ten minutes is dedicated to reading time before the start of the assessment. You may make
notes on your question paper, but not in your answer sheet. Calculators may not be used
during reading time.
4. You may not leave the assessment venue during reading time, or during the first hour or during
the last 15 minutes of the assessment.
5. Ensure that your name is on all pieces of paper or books that you will be submitting. Submit all
the pages of this assessment’s question paper as well as your answer script.
6. Answer all the questions on the answer sheets or in answer booklets provided. The phrase
‘END OF PAPER’ will appear after the final set question of this assessment.
7. Remember to work at a steady pace so that you are able to complete the assessment within
the allocated time. Use the mark allocation as a guideline as to how much time to spend on
each section.
Additional instructions:
1. Answer all questions
2. Calculators are not allowed.
3. This is an open book assessment with limited resources (legislation only). The relevant
excerpts of legislation have been attached at the end of the assessment as Annexure A.

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Question 1 (Marks:30)

Q.1.1 Briefly discuss the purpose of labour legislation. (4)

Q.1.2 Identify the types of employees who are referred to as ‘non-standard’ employees (3)
by the Labour Relations Act 66 of 1995.

Q.1.3 When is a dismissal considered to be fair? Discuss. (3)

Q.1.4 Lora is recently employed as a nail technician. Her contract of employment (4)
indicates that she is on probation for three months. Discuss the purpose of
probation.

Q.1.5 Define the term ‘trade union’. (4)

Q.1.6 Differentiate between centralised (sectoral) bargaining and decentralised (6)

(enterprise level) bargaining.

Q.1.7 Discuss the purpose of the Compensation for Occupational Injuries and Diseases (6)
Act 130 of 1993.

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Question 2 (Marks: 20)

Indicate whether the following statements are TRUE or FALSE. If your answer is false, provide a
reason for your answer.

Q.2.1 The Labour Relations Act 66 of 1995 defines an employee as including an (5)
independent contractor.

Q.2.2 The minimum hourly wage for farm workers is R18. (2)

Q.2.3 Dismissal, as defined by section 186(1) of the Labour Relations Act 66 of 1995, (2)
includes the failure or refusal by the employer to renew a fixed-term contract
under any circumstances.

Q.2.4 A dispute of ‘right’ may be resolved and settled by a strike. (3)

Q.2.5 A strike is protected even when there is a collective agreement prohibiting the (4)
strike.

Q.2.6 The Unemployment Insurance Act 63 of 2001 states that women who have (4)
miscarriages may never claim maternity benefits.

Question 3 (Marks: 20)

Multiple-choice questions: Select one correct answer for each of the following. In your answer
booklet, write down only the number of the question and next to it, the number of the correct
answer.

Q.3.1 The common law duties of the employer are: (2)

(1) To provide the employee with work and to remunerate the employee.
(2) To provide safe working conditions.
(3) To work competently and diligently.
(4) All of the above.
(5) Only (1) and (2).

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Q.3.2 Identify the formula used to calculate the number of sick leave days an employee (2)
is entitled to in a 3-year cycle:
(1) Days worked in a normal work week x four weeks.
(2) Days worked in a normal work week x four weeks – public holidays.
(3) Days worked in a normal work week x six weeks.
(4) Days worked in a month x three weeks.
(5) None of the above.

Q.3.3 Identify the Act which deals with the prevention of discrimination and promotion (2)
of equality.
(1) The Labour Relations Act 66 of 1995 (LRA).
(2) The Basic Conditions of Employment Act 75 of 1997 (BCEA).
(3) The Employment Equity Act 55 of 1998 (EEA).
(4) The National Minimum Wage Act 9 of 2018 (NMWA).
(5) The Employment Services Act 4 of 2014 (ESA).

Q.3.4 A dismissal on the basis of an operational reason will be substantially fair if: (2)
(1) The employer is not satisfied with the employee’s performance.
(2) The dismissal is a result of the employer’s economic, technological,
structural or similar needs.
(3) The employee has become disabled and lacks the required capacity to
perform.
(4) There was a proper consideration of alternatives.
(5) (2) and (4).

Q.3.5 DIMATU and Rolling Blinds (Pty) Ltd agreed to refer wage increase disputes to (2)
arbitration. If the employees of Rolling Blinds choose to strike (instead of referring
the dispute to arbitration) this will constitute:
(1) A protected strike.
(2) An unprotected strike.
(3) A prohibited strike.
(4) All of the Above.
(5) None of the above

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Q.3.6 The interruption of __________________ services endangers the life, personal (2)
safety or health of the whole or any part of the population.
(1) Maintenance
(2) Medical
(3) Essential
(4) Mandatory
(5) None of the above

Q.3.7 Identify the incorrect answer. The Unemployment Insurance Act 63 of 2001 (2)
provides the following benefits.
(1) Transport benefits.
(2) Illness benefits.
(3) Maternity benefits.
(4) Parental benefits.
(5) Adoption and commissioning parental (surrogacy) benefits.

Q.3.8 Identify the incorrect answer. The consequences of a protected strike are: (2)
(1) Protection against delictual or civil liability.
(2) No remuneration.
(3) Protection against dismissal.
(4) Interdict.
(5) Replacement labour.

Q.3.9 The Unemployment Insurance Act 63 of 2001 applies to all employees including: (2)
(1) Members of parliament, cabinet ministers and deputy ministers.
(2) Municipal councilors.
(3) Domestic workers and learners on learnerships.
(4) Members of provincial legislatures.
(5) All of the above.

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Q.3.10 This doctrine provides that an employer is liable for damages caused by the (2)
delictual actions of an employee during the course and scope of employment.
(1) Vicarious liability.
(2) Constructive fault.
(3) Restraint of trade.
(4) Business judgment.
(5) Assumed liability.

Question 4: (Marks: 10)

Q.4.1 Rebecca is employed as a teacher at Rainbow Schools. After joining a trade union, (5)
her employer requests her to reconsider her decision because this might affect her
employment at the school.

Do you think that the employer has infringed on Rebecca’s rights? Why or why not?
Advise Rebecca with reference to the definition of an unfair dismissal.

Q.4.2 Sarah is employed as a filing clerk by Summerset Lawyers Inc. She is diagnosed with (5)
a chronic illness which has resulted in her being permanently blind. Andrew, her
manager, wants to dismiss Sarah because she is no longer capable of performing her
duties. He seeks your advice because he wants his decision to be substantively fair.
Advise him on the steps he must take to make the decision substantively fair.

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Question 5: (Marks: 30)

April is a manager at Value Goods (Pty) Ltd. Value Goods has an extensive induction process for new
employees, where they are informed about the company’s disciplinary rules. One of these rules is
that the company strongly condemns theft. Upon examining the company’s accounting books April
notices that a large sum of money is missing. After conducting an investigation, by looking at CCTV
footage, she discovers that Erin, one of the cashiers at the store, stole the money. This has resulted
in a breakdown in their trust relationship.

Q.5.1 With reference to The Code: Dismissal, advise April on whether dismissal would be (10)
substantively fair under these circumstances. Substantiate your answer fully.

Q.5.2 April decides to dismiss Erin and calls security to remove Erin from Value Goods (Pty) (10)
Ltd. Erin is surprised by her removal from the company building because April has
not communicated her reasons for the dismissal. Erin is also banned from entering
Value Goods (Pty) Ltd in future. Was April’s decision to dismiss Erin procedurally
fair?
Seven marks will be awarded for content and three marks for skill.

Q.5.3 Erin is extremely upset about her dismissal and wants to refer her matter to court (10)
for adjudication. She is not sure which courts have jurisdiction to hear labour
disputes. Discuss the jurisdiction of courts in labour disputes.

Question 6: (Marks: 10)

Neo is employed as an electrician by the local municipality. He is instructed, by his supervisor, to
attend to an electrical fault in the Westville area. This requires him to climb on a high ladder in order
to reach the affected transformer. While working on the ladder, Neo slips and falls, resulting in
serious injuries. Advise him on the steps he needs to follow to claim in terms of the Compensation
for Occupational Injuries and Diseases Act 130 of 1993.

END OF PAPER

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Annexure A

LABOUR RELATIONS ACT, 1995.

CHAPTER II

FREEDOM OF ASSOCIATION AND GENERAL PROTECTS

4. Employees' right to freedom of association

(1) Every employee has the right-

(a) to participate in forming a trade union or federation of trade unions;
and
(b) to join a trade union, subject to its constitution.

(2) Every member of a trade union has the right, subject to the constitution of that trade union-
(a) to participate in its lawful activities;
(b) to participate in the election of any of its office-bearers, officials, or trade union
representatives;
(c) to stand for election and be eligible for appointment as an office bearer or official and, if
elected or appointed, to hold office; and
(d) to stand for election and be eligible for appointment as a trade union representative and,
if elected or appointed, to carry out the functions of a trade union representative in terms
of this Act or any collective agreement.

(3) Every member of a trade union that is a member of a federation of trade unions has the right,
subject to the constitution of that federation-
(a) to participate in its lawful activities;
(b) to participate in the election of any of its office-bearers or officials; and
(c) to stand for election and be eligible for appointment as an office-bearer or official and, if
elected or appointed, to hold office.

5. Protection of employees and persons seeking employment

(1) No person may discriminate against an employee for exercising any right conferred by this Act.
(2) Without limiting the general protection conferred by subsection (1), no person may do, or
threaten to do, any of the following-
(a) require an employee or a person seeking employment-
(i) not to be a member of a trade union or workplace forum;
(ii) not to become a member of a trade union or workplace, forum; or
(iii) to give up membership of a trade union or workplace forum;
(b) prevent an employee or a person seeking employment from exercising any right
conferred by this Act or from participating in any proceedings in terms of this Act; or
(c) prejudice an employee or a person seeking employment because of past, present or
anticipated-
(i) membership of a trade union or workplace forum;
(ii) participation in forming a trade union or federation of trade unions or establishing a
workplace forum;
(iii) participation in the lawful activities of a trade union, federation of trade unions or
workplace forum;
(iv) failure or refusal to do something that an employer may not lawfully permit or
require an employee to do;

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(v) disclosure of information that the employee is lawfully entitled or required to give to
another person;
(vi) exercise of any right conferred by this Act; or
(vii) participation in any proceedings in terms of this Act.
(3) No person may advantage, or promise to advantage, an employee or a person seeking
employment in exchange for that person not exercising any right conferred by this Act or not
participating in any proceedings in terms of this Act. However, nothing in this section precludes
the parties to a dispute from concluding an agreement to settle that dispute.
(4) A provision in any contract, whether entered into before or after the commencement of this Act,
that directly or indirectly contradicts or limits any provision of section 4, or this section, is invalid,
unless the contractual provision is permitted by this Act.

6. Employers' right to freedom of association

(1) Every employer has the right -

(a) to participate in forming an employers' organisation or a federation of employers'
organisations; and
(b) to an employers' organisation, subject to its constitution.
(2) Every member of an employers' organisation has the right, subject to the constitution of that
employers' organisation-
(a) to participate in its lawful activities;
(b) to participate in the election of any of its office-bearers or officials; and
(c) if-
(i) a natural person, to stand for election and be eligible for appointment as an office-
bearer or official and, if elected or appointed, to hold office;
(ii) a juristic person, to have a representative stand for election, and be eligible for
appointment, as an office-bearer or official and, if elected or appointed, to hold
office.
(3) Every member of an employers' organisation that is a member of a federation of employers'
organisations has the right, subject to the constitution of that federation-
(a) to participate in its lawful activities;
(b) to participate in the election of any of its office-bearers or o and (c)
(i) a natural person, to stand for election and be eligible for appointment as an office-
bearer or official and, if elected or appointed, to hold office; or
(ii) a juristic person, to have a representative stand for election, and be eligible for
appointment, as an office-bearer or official and, if elected or appointed, to hold
office.

8. Rights of trade unions and employers' organisations

Every trade union and every employers' organisation has the right-
(a) subject to the provisions of Chapter VI –
(i) to determine its own constitution and rules; and
(ii) to hold elections for its office bearers, officials and representatives;
(b) to plan and organise its administration and lawful activities;
(c) to participate in forming a federation of trade unions or a federation of employers’
organisations;
(d) to join a federation of trade unions or a federation of employers’ organisations, subject to its
constitution, and to participate in its lawful activities; and
(e) to affiliate with, and participate in the affairs of, any international workers' organisation or
international employers' organisation or the International Labour Organisation, and contribute
to, or receive financial assistance from, those organisations.

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CHAPTER III
COLLECTIVE BARGAINING

20. Organisational rights in collective agreements

Nothing in this Part precludes the conclusion of a collective agreement that regulates organisational
rights.

22. Disputes about organisational rights

(1) Any party to a dispute about the interpretation or application of any provision of this Part, other
than a dispute contemplated in section 21, may refer the dispute in writing to the Commission.

(2) The party who refers a dispute to the Commission must satisfy it that a copy of the referral has
been served on all the other parties to the dispute.

(3) The Commission must attempt to resolve the dispute through conciliation.

(4) If the dispute remains unresolved, any party to the dispute may request that the dispute be
resolved through arbitration may be practicable.

(5) An arbitration award in terms of Part A may be made binding on the employer and in addition
to-
(a) the extent that it applies to the employees of a temporary employment service, a client of
the temporary employment service for whom an employee covered by the award is
assigned to work; and
(b) any person other than the employer who controls access to the workplace to which the
award applies, if that person has been given an opportunity to participate in the
arbitration proceedings.

Chapter IV

STRIKES AND LOCK OUTS

64. Right to strike and recourse to lock out

(1) Every employee has the right to strike and every employer has recourse to lock out if-
(a) the issue in dispute has been referred to a council or to the Commission as required by
this Act, and-
(i) a certificate stating that the dispute remains unresolved has been issued; or
(ii) a period of 30 days, or any extension of that period agreed to between the parties
to the dispute, has elapsed since the referral was received by the council or the
Commission; and after that-
(b) in the case of a proposed strike, at least 48 hours' notice of the commencement of the
strike, in writing, has been given to the employer, unless-
(i) the issue in dispute relates to a collective agreement to be concluded in a council,
in which case, notice must have been given to that council; or
(ii) the employer is a member of an employers' organisation that is a party to the
dispute, in which case, notice must have been given to that employers'
organisation; or

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(c) in the case of a proposed lock-out, at least 48 hours' notice of the commencement of the
lock-out, in writing, has been given to any trade union that is a party to the dispute, or, if
there is no such trade union, to the employees, unless the issue in dispute relates to a
collective agreement to be concluded in a council, in which case, notice must have been
given to that council; or
(d) the case of a proposed strike or lock-out where the State is the employer, at least seven
days' notice of the commencement of the strike or lock-out has been given to the parties
contemplated in paragraphs (b) and (c).

(2) If the issue in dispute concerns a refusal to bargain, an advisory award must have been made
in terms of section 135(3)(c) before notice is given in terms of subsection (1)(b) or (c). A refusal
to bargain includes-
(a) a refusal-
(i) to recognise a trade union as a collective bargaining agent; or
(ii) to agree to establish a bargaining council;
(b) a withdrawal of recognition of a collective bargaining agent;
(c) a resignation of a party from a bargaining council;
(d) a dispute about-
(i) appropriate bargaining units;
(ii) appropriate bargaining levels; or
(iii) bargaining subjects.
(3) The requirements of subsection (1) do not apply to a strike or a lock-out if-
(a) the parties to the dispute are members of a council, and the dispute has been dealt with
by that council in accordance with its constitution;
(b) the strike or lock-out conforms with the procedures in a collective agreement;
(c) the employees strike in response to a lock-out by their employer that does not comply
with the provisions of this Chapter;
(d) the employer locks out its employees in response to their taking part in a strike that does
not conform with the provisions of this Chapter; or
(e) the employer fails to comply with the requirements of subsections (4) and (5).
(4) Any employee who or any trade union that refers a dispute about a unilateral change to terms
and conditions of employment to a council or the Commission in terms of subsection (1)(a)
may, in the referral, and for the period referred to in subsection (1)(a)-
(a) require the employer not to implement unilaterally the change to terms and conditions of
employment; or
(b) if the employer has already implemented the change unilaterally, require the employer to
restore the terms and conditions of employment that applied before the change.
(5) The employer must comply with a requirement in terms of subsection (4) within 48 hours of
service of the referral on the employer.

65. Limitations on right to strike or recourse to lock-out

(1) No person may take part in a strike or a lock-out or in any conduct in contemplation or
furtherance of a strike or a lock-out if-
(a) that person is bound by a collective agreement that prohibits a strike or lock-out in
respect of the issue in dispute;
(b) that person is bound by an agreement that requires the issue in dispute to be referred to
arbitration;
(c) the issue in dispute is one that a party has the right to refer to arbitration or to the Labour
Court in terms of this Act;
(d) that person is engaged in-
(i) an essential service; or

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(ii) a maintenance service.

(2) (a) Despite section 65(l)(c), a person may take part in a strike or a lock-out or in any conduct in
contemplation or in furtherance of a strike or lockout if the issue in dispute is about any matter
dealt with in sections 12 to 15. 14
(b) If the registered trade union has given notice of the proposed strike in terms of section 64(l) in
respect of an issue in dispute referred to in paragraph (a), it may not exercise the right to refer
the dispute to arbitration in terms of section 21 for a period of 12 months from the date of the
notice.

67. Strike or lock-out in compliance with this Act

(1) In this Chapter, "protected strike" means a strike that complies with the provisions of this
Chapter and "protected lock-out" means a lock-out that complies with the provisions of this
Chapter.

(2) A person does not commit a defect or a breach of contract by taking part in-
(a) a protected strike or a protected lock-out; or
(b) any conduct in contemplation or in furtherance of a protected strike or a protected lock-
out.

(3) Despite subsection (2), an employer is not obliged to remunerate an employee for services that
the employee does not render during a protected strike or a protected lock-out, however-
(a) if the employee's remuneration includes payment in kind in respect of accommodation,
the provision of food and other basic amenities of life, the employer, at the request of the
employee, must not discontinue payment in kind during the strike or lock-out; and
(b) after the end of the strike or lock-out, the employer may recover the monetary value of
the payment in kind made at the request of the employee during the strike or lock-out
from the employee by way of civil proceedings instituted in the Labour Court.

(4) An employer may not dismiss an employee for participating in a protected strike or for any
conduct in contemplation or in furtherance of a protected strike.

(5) Subsection (4) does not preclude an employer from fairly dismissing an employee in
accordance with the provisions of Chapter VIII for a reason related to the employee's conduct
during the strike, or for a reason based on the employer's operational requirements.

(6) Civil legal proceedings may not be instituted against any person for-
(a) participating in a protected strike or a protected lock-out; or
(b) any conduct in contemplation or in furtherance of a protected strike or a protected
lock-out.

(7) The failure by a registered trade union or a registered employers' organisation to comply with a
provision in its constitution requiring it to conduct a ballot of those of its members in respect of
whom it intends to call a strike or lock-out may not give rise to, or constitute a ground for, any
litigation that will affect the legality of, and the protection conferred by this section on, the strike
or lock-out.

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(8) The provisions of subsections (2) and (6) do not apply to any act in contemplation or in
furtherance of a strike or a lock-out if that act is an offence.

(9) Any act in contemplation or in furtherance of a protected strike or a protected lock-out that is a
contravention of the Basic Conditions of Employment Act or the Wage Act does not constitute
an offence.

69 Picketing

(1) A registered trade union may authorise a picket by its members and supporters for the purposes
of peacefully demonstrating-

(a) in support of any protected strike; or

(b) in opposition to any lockout.

(2) Despite any law regulating the right of assembly, a picket authorised terms of I subsection (1),
may be held-

(a) in any place to which the public has access but outside the premises of an employer; or
(b) with the permission of the employer, inside the employer's premises.

(3) The permission referred to in subsection (2)(b) may not be unreasonably withheld.

CHAPTER VIII

UNFAIR DISMISSAL AND UNFAIR LABOUR PRACTICE

185. Right not to be unfairly dismissed or subjected to unfair labour practice

Every employee has the right not to be:

(a) unfairly dismissed; and
(b) subjected to unfair labour practice.

186. Meaning of dismissal and unfair labour practice

(1) "Dismissal" means that-

(a) an employer has terminated a contract of employment with or without notice;
(b) an employee reasonably expected the employer to renew a fixed term contract of
employment on the same or similar terms, but the employer offered to renew it on less
favourable terms, or did not renew it;
(c) an employer refused to allow an employee to resume work after she-
(i) took maternity leave in terms of any law, collective agreement, or her contract of
employment; or
(ii) was absent from work for up to four weeks before the expected date, and up to
eight weeks after the actual date, of the birth of her child;
(d) an employer who dismissed a number of employees for the same or similar reasons has
offered to re-employ one or more of them but has refused to re-employ another; or
(e) an employee terminated a contract of employment with or without notice because the
employer made continued employment intolerable for the employee.

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(f) an employee terminated a contract of employment with or without notice because the
new employer, after a transfer in terms of section 197 or section 197A, provided the
employee with conditions or circumstances at work that are substantially less favourable
to the employee than those provided by the old employer.

(2) “Unfair labour practice” means any unfair act or omission that arises between an employer and
an employee involving –
(a) unfair conduct by the employer relating to the promotion, demotion, probation (excluding
disputes about dismissals for a reason relating to probation) or training of an employee
or relating to the provision of benefits to an employee;
(b) unfair suspension of an employee or any other unfair disciplinary action short of
dismissal in respect of an employee;
(c) a failure or refusal by an employer to reinstate or re-employ a former employee in terms
of any agreement; and
(d) an occupational detriment, other than dismissal, in contravention of the Protected
Disclosures Act, 2000 (Act No. 26 of 2000), on account of the employee having made a
protected disclosure defined in that Act.

187. Automatically unfair dismissals

(1) A dismissal is automatically unfair if the employer, in dismissing the employee, acts contrary to
section or, if the reason for the dismissal is-
(a) that the employee participated in or supported, or indicated an intention to participate in
or support, a strike or protest action that complies with the provisions of Chapter IV;
(b) that the employee refused, or indicated an intention to refuse, to do any work normally
done by an employee who at the time was taking part in a strike that complies with the
provisions of Chapter IV or was locked out, unless that work is necessary to prevent an
actual danger to life, personal safety, or health;
(c) to compel the employee to accept a demand in respect of any matter of mutual interest
between the employer and employee;
(d) that the employee took action, or indicated an intention to take action, against the
employer by-
(i) exercising any right conferred by this Act; or
(ii) participating in any proceedings in terms of this Act;
(e) the employee's pregnancy, intended pregnancy, or any reason related to her pregnancy;
(f) that the employer unfairly discriminated against an employee, directly or indirectly, on
any arbitrary ground, including, but not limited to race, gender, sex, ethnic or social
origin, colour, sexual orientation, age, disability, religion, conscience, belief, political
opinion, culture, language, marital status, or family responsibility;
(g) a transfer, or a reason related to a transfer, contemplated in section 197 or 197A; or
(h) a contravention of the Protected Disclosures Act, 2000, by the employer, on account of
an employee having made a protected disclosure defined in that Act.

(2) Despite subsection (1)(f)-

(a) a dismissal may be fair if the reason for dismissal is based on an inherent requirement of
the particular job;
(b) a dismissal based on age is fair if the employee has reached the normal or agreed
retirement age for persons employed in that capacity.

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198 Temporary employment service

(1) In this section, 'temporary employment service' means any person who, for reward, procures
for or provides to a client other persons-
(a) who perform work for the client; and
(b) who are remunerated by the temporary employment service.
(2) For the purposes of this Act, a person whose services have been procured for or provided to a
client by a temporary employment service is the employee of that temporary employment
service, and the temporary employment service is that person's employer.
(3) Despite subsections (1) and (2), a person who is an independent contractor is not
an employee of a temporary employment service, nor is the temporary employment service the
employer of that person.
(4) The temporary employment service and the client are jointly and severally liable if the
temporary employment service, in respect of any of its employees, contravenes-
(a) a collective agreement concluded in a bargaining council that regulates terms and
conditions of employment;
(b) a binding arbitration award that regulates terms and conditions of employment;
(c) the Basic Conditions of Employment Act; or
(d) a sectoral determination made in terms of the Basic Conditions of Employment Act.
(4A) If the client of a temporary employment service is jointly and severally liable in terms of section
198 (4) or is deemed to be the employer of an employee in terms of section 198A (3) (b)-
(a) the employee may institute proceedings against either the temporary employment
service or the client or both the temporary employment service and the client;
(b) a labour inspector acting in terms of the Basic Conditions of Employment Act may secure
and enforce compliance against the temporary employment service or the client as if it
were the employer, or both; and
(c) any order or award made against a temporary employment service or client in terms of
this subsection may be enforced against either.
(4B) (a) A temporary employment service must provide an employee whose service is procured
for or provided to a client with written particulars of employment that comply with section
29 of the Basic Conditions of Employment Act, when the employee commences
employment.
(b) Paragraph (a) applies, three months after the commencement of the Labour Relations
Amendment Act, 2014, to a person whose services were procured for or provided to a
client by a temporary employment service in terms of subsection 198 (1) prior to the
commencement of the Labour Relations Act, 2014.
(4C) An employee may not be employed by a temporary employment service on terms and
conditions of employment which are not permitted by this Act, any employment law, sectoral
determination or collective agreement concluded in a bargaining council applicable to a client to
whom the employee renders services.
(4D) The issue of whether an employee of a temporary employment service is covered by
a bargaining council agreement or sectoral determination, must be determined by reference to
the sector and area in which the client is engaged.
(4E) In any proceedings brought by an employee, the Labour Court or an arbitrator may-
(a) determine whether a provision in an employment contract or a contract between a
temporary employment service and a client complies with subsection (4C); and
(b) make an appropriate order or award.
(4F) No person must perform the functions of a temporary employment service unless it is
registered in terms of any applicable legislation, and the fact that a temporary employment
service is not registered will not constitute a defence to any claim instituted in terms of this
section or 198A.

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(5) Two or more bargaining councils may agree to bind the following persons, if they fall within the
combined registered scope of those bargaining councils, to a collective agreement concluded in
any one of them-
(a) a temporary employment service;
(b) a person employed by a temporary employment service; and
(c) a temporary employment services client.
(6) An agreement concluded in terms of subsection (5) is binding only if the collective
agreement has been extended to non-parties within the registered scope of the bargaining
council.
(7) Two or more bargaining councils may agree to bind the following persons, who fall within their
combined registered scope, to a collective agreement-
(a) a temporary employment service;
(b) a person employed by a temporary employment service; and
(c) a temporary employment service's client.
(8) An agreement concluded in terms of subsection (7) is binding only if-
(a) each of the contracting bargaining councils has requested the Minister to extend the
agreement to non-parties falling within its registered scope;
(b) the Minister is satisfied that the terms of the agreement are not substantially more
onerous than those prevailing in the corresponding collective agreements concluded in
the bargaining councils; and
(c) the Minister, by notice in the Government Gazette, has extended the agreement as
requested by all the bargaining councils that are parties to the agreement.

200A. Presumption as to who is employee.

(1) Until the contrary is proved, a person, who works for or renders services to any other person, is
presumed, regardless of the form of the contract, to be an employee, if any one or more of the
following factors are present:
(a) the manner in which the person works is subject to the control or direction of another
person;
(b) the person’s hours of work are subject to the control or direction of another person;
(c) in the case of a person who works for an organisation, the person forms part of that
organisation;
(d) the person has worked for that other person for an average of at least 40 hours per
month over the last three months;
(e) the person is economically dependent on the other person for whom he or she works or
renders services;
(f) the person is provided with tools of trade or work equipment by the other person; or
(g) the person only works for or renders services to one person.

(2) Subsection (1) does not apply to any person who earns in excess of the amount determined by
the Minister in terms of section 6(3) of the Basic Conditions of Employment Act.

(3) If a proposed or existing work arrangement involves persons who earn amounts equal to or
below the amounts determined by the Minister in terms of section 6(3) of the Basic Conditions
of Employment Act, any of the contracting parties may approach the Commission for an
advisory award on whether the persons involved in the arrangement are employees.

(4) NEDLAC must prepare and issue a Code of Good Practice that sets out guidelines for
determining whether persons, including those who earn in excess of the amount determined in
subsection (2) are employees.

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Basic Conditions of Employment Act 75 of 1997

2 Purpose of this Act

The purpose of this Act is to advance economic development and social justice by fulfilling the
primary objects of this Act which are-
(a) to give effect to and regulate the right to fair labour practices conferred by section 23 (1) of the
Constitution-
(i) by establishing and enforcing basic conditions of employment; and
(ii) by regulating the variation of basic conditions of employment;
(b) to give effect to obligations incurred by the Republic as a member state of the International
Labour Organisation.

3 Application of this Act

(1) This Act applies to all employees and employers except-

(a) members of the State Security Agency;
(b) unpaid volunteers working for an organisation serving a charitable purpose.
(2) This Act applies to persons undergoing vocational training except to the extent that any term or
condition of their employment is regulated by the provisions of any other law.
(3) This Act, except section 41, section 62A and chapters 3, 4, 5 and 6, do[es] not apply to persons
employed on vessels at sea in respect of which the Merchant Shipping Act, 1951 (Act 57 of
1951), applies, except to the extent provided for in a sectoral determination and the National
Minimum Wage Act, 2018, read with section 62A.

Maternity leave

25. (1) An employee is entitled to a (least four consecutive months’ maternity leave.
(2) An employee may commence maternity leave—
(a) at any time from four weeks before the expected date of birth, unless otherwise agreed;
or
(b) on a date from which a medical practitioner or a midwife certifies that it is necessary for
the employee’s health or that of her unborn child.
(3) NO employee may work for six weeks after the birth of her child. unless a medical practitioner
or midwife certifies that she is fit to do so.
(4) An employee who has a miscarriage during the third trimester of pregnancy or bears a stillborn
child is entitled to maternity leave for six weeks after the miscarriage or stillbirth. whether or not
the employee had commenced maternity leave at the time of the miscarriage or stillbirth.
(5) An employee must notify an employer in writing. unless the employee is unable to do so of the
date on which the employee intends to-
(a) commence maternity leave; and
(b) return to work after maternity leave.
(6) Notification in terms of subsection (5) must be given—
(a) at least four weeks before the employee intends to commence maternity leave:
or
(b) if it is not reasonably practicable to do so. as soon as is reasonably practicable.
(7) The payment of maternity benefits will be determined by the Minister subject to the provisions
of the Unemployment Insurance Act. 1966 (Act No. 30 of 1966).7

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82 Temporary employment services

(1) For the purposes of this Act, a person whose services have been procured for, or provided to, a
client by a temporary employment service is the employee of that temporary employment
service, and the temporary employment service is that person's employer.
(2) Despite subsection (1), a person who is an independent contractor is not an employee of a
temporary employment service, nor is the temporary employment service the employer of that
person.
(3) The temporary employment service and the client are jointly and severally liable if the
temporary employment service, in respect of any employee who provides services to that client,
does not comply with this Act or a sectoral determination.

83A Presumption as to who is employee

(1) A person who works for, or renders services to, any other person is presumed, until the
contrary is proved, to be an employee, regardless of the form of the contract, if any one or more
of the following factors is present:
(a) The manner in which the person works is subject to the control or direction of another
person;
(b) the person's hours of work are subject to the control or direction of another person;
(c) in the case of a person who works for an organisation, the person is a part of that
organisation;
(d) the person has worked for that other person for an average of at least 40 hours per
month over the last three months;
(e) the person is economically dependent on the other person for whom that person works
or renders services;
(f) the person is provided with tools of trade or work equipment by the other person; or
(g) the person only works for or renders services to one person.
(2) Subsection (1) does not apply to any person who earns in excess of the amount determined by
the Minister in terms of section 6 (3).
(3) If a proposed or existing work arrangement involves persons who earn amounts equal to or
below the amounts determined by the Minister in terms of section 6 (3), any of the contracting
parties may approach the CCMA for an advisory award about whether the persons involved in
the arrangement are employees.

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EMPLOYMENT EQUITY ACT 55 OF 1998

2. Purpose of this Act

The purpose of this Act is to achieve equity in the workplace by—
(a) promoting equal opportunity and fair treatment in employment through the elimination of
unfair discrimination; and
(b) implementing affirmative action measures to redress the disadvantages in employment
experienced by designated groups, in order to ensure their equitable representation in all
occupational levels in the workforce.

CHAPTER II

PROHIBITION OF UNFAIR DISCRIMINATION

5. Elimination of unfair discrimination

Every employer must take steps to promote equal opportunity in the workplace by eliminating
unfair discrimination in any employment policy or practice.

6. Prohibition of unfair discrimination

(1) No person may unfairly discriminate, directly or indirectly, against an employee, in any
employment policy or practice, on one or more grounds, including race, gender, sex,
pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual
orientation, age, disability, religion, HIV status, conscience, belief, political opinion,
culture, language, birth or on any other arbitrary ground.
(2) It is not unfair discrimination to—
(a) take affirmative action measures consistent with the purpose of this Act; or
(b) distinguish, exclude or prefer any person on the basis of an inherent requirement
of a job.
(3) Harassment of an employee is a form of unfair discrimination and is prohibited on any
one, or a combination of grounds of unfair discrimination listed in subsection (1).
(4) A difference in terms and conditions of employment between employees of the same
employer performing the same or substantially the same work or work of equal value that
is directly or indirectly based on any one or more of the grounds listed in subsection (1),
is unfair discrimination.
(5) The Minister, after consultation with the Commission, may prescribe the criteria and
prescribe the methodology for assessing work of equal value contemplated in subsection
(4).

7. Medical testing

(1) Medical testing of an employee is prohibited, unless-

(a) legislation permits or requires the testing; or
(b) it is justifiable in the light of medical facts, employment conditions, social policy, the fair
distribution of employee benefits or the inherent requirements of a job.
(2) Testing of an employee to determine that employee's HIV status is prohibited unless such
testing is determined to be justifiable by the Labour Court in terms of section 50 (4) of this Act.

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8 Psychological testing and other similar assessments

Psychological testing and other similar assessments of an employee are prohibited unless the test or
assessment being used-
(a) has been scientifically shown to be valid and reliable;
(b) can be applied fairly to all employees;
(c) is not biased against any employee or group; and
(d) has been certified by the Health Professions Council of South Africa established by section 2 of
the Health Professions Act, 1974 (Act 56 of 1974), or any other body which may be authorised
by law to certify those tests or assessments.

57 Temporary employment services

(1) For purposes of Chapter III of this Act, a person whose services have been procured for, or
provided to, a client by a temporary employment service is deemed to be the employee of that
client, where that person's employment with the client is of indefinite duration or for a period of
three months or longer.
(2) Where a temporary employment service, on the express or implied instructions of a client,
commits an act of unfair discrimination, both the temporary employment service and the client
are jointly and severally liable.

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UNEMPLOYMENT INSURANCE ACT 63 OF 2001

CHAPTER 1

INTRODUCTORY PROVISIONS

Purpose of this Act

2. The purpose of this Act is to establish an unemployment insurance fund to which employers
and employees contribute and from which employees who become unemployed or their
beneficiaries, as the case may be, are entitled to benefits and in so doing to alleviate the
harmful economic and social effects of unemployment.

Application of this Act

3 (1) This Act applies to all employers and employees, other than employees employed for less than
24 hours a month with a particular employer, and their employers.
(2) This Act does not apply to members of parliament, cabinet ministers, deputy ministers,
members of provincial executive councils, members of provincial legislatures and municipal
councillors.

CHAPTER 3

CLAIMING BENEFITS

Part A: Right to Benefits

Right to benefits

12 (1) Subject to the provisions of this Act, a contributor or a dependant, as the case may be, is
entitled to the following benefits:
(a) Unemployment benefits contemplated in Part B of this Chapter;
(b) illness benefits contemplated in Part C of this Chapter;
(c) maternity benefits contemplated in Part D of this Chapter;
(cA) parental benefits as contemplated in Part DA of this Chapter;
(d) adoption benefits contemplated in Part E of this Chapter;
(dA) commissioning parental benefits as contemplated in Part EA of this Chapter; and
(e) dependant's benefits contemplated in Part F of this Chapter.
(1A) A contributor who is employed as a domestic worker by more than one employer and whose
employment is terminated by one or more employers is, despite still being employed, entitled to
benefits in terms of this Act if the contributor's total income falls below the benefit level that the
contributor would have received if he or she had become wholly unemployed.
(1B) A contributor employed in any sector who loses his or her income due to reduced working time,
despite still being employed, is entitled to benefits if the contributor's total income falls below
the benefit level that the contributor would have received if he or she had become wholly
unemployed, subject to that contributor having enough credits.
(2) An example of the scale of benefits to which a contributor is entitled is contained in Schedule 3,
as calculated from Schedule 2.

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(3)(a) The Minister may, with the concurrence of the Minister of Finance, by notice in the Gazette and
subject to subsection (4), amend the scale of benefits contained in Schedule 3 in accordance
with a maximum monthly rate of remuneration of a skilled manual labourer as determined by
the Social Security (Minimum Standards) Convention, 1953 (Convention 102), of the
International Labour Organisation.
(b) The scale of benefits contemplated in paragraph (a) may vary between a maximum rate
of 60% of remuneration for lower income contributors and a lower rate of remuneration
for higher income contributors as will be determined by thresholds as set out in Schedule
3.
(c) For the purposes of Part D, maternity benefits must be paid at a rate of 66% of the
earnings of the beneficiary at the date of application, subject to the maximum income
threshold set in terms of paragraph (a).
(cA) For the purpose of Part DA, parental benefits must be paid at a rate of 66% of the
earnings of the beneficiary at the date of application, subject to the maximum income
threshold set in terms of paragraph (a);
(d) Subject to section 13 (3), the benefit for-
(i) the first 238 days of benefits is paid at the income replacement rate set in terms of
paragraph (b); and
(ii) the remainder of credits is paid at a flat rate of 20.
(4) When acting in accordance with subsection (3), the Minister must-
(a) consult with the Board and must have regard to budgeted-
(i) contribution and investment income from the Fund;
(ii) payment of benefits;
(iii) provision to meet expenses related to administering this Act; and
(iv) provision for contingency reserves; and
(b) comply with the procedure set out in section 55, with the changes required by the
context.

Part B: Unemployment Benefits

Right to unemployment benefits

16. (1) Subject to section 14, an unemployed contributor is entitled to unemployment benefits
contemplated in this Part for any period of unemployment lasting more than 14 days, if-
(a) the reason for the unemployment is-
(i) the termination of the contributor's contract of employment by the employer of
that contributor or the ending of a fixed term contract,
(ii) the dismissal of the contributor, as defined by section 186 of the Labour
Relations Act, 1995 (Act No. 66 of 1995), or
(iii) insolvency in terms of the provisions of the Insolvency Act, 1936 (Act No. 24 of
1936);
(b) application is made in accordance with the prescribed requirements and the
provisions of this Part;
(c) the contributor is registered as a work-seeker with a labour centre established under
the Skills Development Act, 1998 (Act No. 97 of 1998); and
(d) subject to subsection (3), the contributor is capable of and available for work.

(2) An unemployed contributor is not entitled to the benefits referred to in subsection (1) if-
(a) the contributor fails to report at the times and dates stipulated by the claims officer in
terms of section 17 (4) (d); or

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(b) the contributor refuses without just reason to undergo training and vocational counselling
for employment under any scheme approved by the Director-General in terms of this Act
or any other law.

(3) Despite subsection (1) (d) and subject to section 20 (1) (a), a contributor who becomes ill while
in receipt of unemployment benefits, remains entitled to unemployment benefits if the claims
officer is satisfied that the illness is not likely to prejudice the contributor's chance of securing
employment.

Part C: Illness Benefits

Right to illness benefits

20 (1) Subject to section 14, a contributor is entitled to the illness benefits contemplated in this Part for
any period of illness if-
(a) the contributor is unable to perform work on account of illness;
(b) the contributor fulfils any prescribed requirements in respect of any specified illness; and
(c) application is made for illness benefits in accordance with the prescribed requirements
and the provisions of this Part.
(2) A contributor is not entitled to illness benefits-
(a) if the period of illness is less than seven days; and
(b) for any period during which the contributor-
(i) is entitled to unemployment benefits in terms of Part B of this Chapter or adoption
benefits in terms of Part E of this Chapter; or
(ii) without just reason, refuses or fails to undergo medical treatment or to carry out
the instructions of a medical practitioner, chiropractor or homeopath.

Part D: Maternity Benefits

Right to maternity benefits

24 (1) Subject to section 14, a contributor who is pregnant is entitled to the maternity benefits
contemplated in this Part for any period of pregnancy or delivery and the period thereafter, if
application is made in accordance with prescribed requirements and the provisions of this Part.
(2) Subject to subsection (3), the contributor must be paid the difference between any maternity
benefit paid to that contributor in terms of any other law or any collective agreement or contract
of employment for the period contemplated in section 19(2), and the maximum benefit payable
in terms of section 12(2).
(3) When taking into account any maternity leave paid to the contributor in terms of any other law
or any collective agreement or contract of employment, the maternity benefit may not be more
than the remuneration the contributor would have received if the contributor had not been on
maternity leave.
(4) For purposes of this section the maximum period of maternity leave is 17,32 weeks.
(5) A contributor who has a miscarriage during the third trimester or bears a still-born child is
entitled to a full maternity benefit of 17.32 weeks;
(6) A contributor is not entitled to benefits unless she was in employment, whether as a contributor
or not, for at least 13 weeks before the date of application for maternity benefits.

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Application for maternity benefits

25 (1) An application for maternity benefits must be made in the prescribed form at an employment
office at any time before or after childbirth: Provided that the application shall be made within a
period of 12 months after the date of childbirth.
(2) The Commissioner may on good cause shown
(a) accept an application after the period of eight weeks referred to in subsection (1);
(b) extend the period of submission of the application up to a period of six months after the
date of childbirth.
(3) The claims officer must investigate the application and, if necessary, request further
information.
(4) If the application complies with the provisions of this Chapter, the claims officer must-
(a) approve the application;
(b) determine-
(i) the amount of the benefits for purposes of section 13 (3);
(ii) the benefits the applicant is entitled to in terms of section 13 (4); and
(c) stipulate how the benefits are to be paid.
(5) If the application does not comply with the provisions of this Chapter, the claims officer must
advise the applicant in writing that the application is defective and of the reasons why it is
defective.

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COMPENSATION FOR OCCUPATIONAL INJURIES AND DISEASES ACT no 130 1993 (COIDA)

38 Notice of accident by employee to employer

(1) Written or verbal notice of an accident shall, as soon as possible after such accident happened,
be given by or on behalf of the employee concerned to the employer, and notice of the accident
may also be given as soon as possible to the commissioner in the prescribed manner.
(2) Failure to give notice to an employer as required in subsection (1) shall not bar a right to
compensation if it is proved that the employer had knowledge of the accident from any other
source at or about the time of the accident.
(3) Subject to section 43, failure to give notice to an employer as required in subsection (1), or any
error or inaccuracy in such notice, shall not bar a right to compensation if in the opinion of the
Director-General-
(a) the compensation fund or the employer or mutual association concerned, as the case
may be, is not or would not be seriously prejudiced by such failure, error or inaccuracy if
notice is then given or the error or inaccuracy is corrected;
(b) such failure, error or inaccuracy was caused by an oversight, absence from the Republic
or other reasonable cause.
(4) If a seaman or airman meets with an accident, the person in command or the owner of the ship
or aircraft, as the case may be, shall for the purposes of this section and sections 39, 40, 41
and 43 be deemed to be the employer.

39 Notice of accident by employer to Director-General

(1) Subject to the provisions of this section an employer shall within seven days after having
received notice of an accident or having learned in some other way that an employee has met
with an accident, report the accident to the commissioner in the prescribed manner.
(2) For the purposes of subsection (1) an employer referred to in section 84 (1) (a) (i) means, in the
case of-
(a) the national and provincial spheres of government, the respective heads of departments
referred to in section 7 (3) of the Public Service Act, 1994 (Proclamation 103 of 1994);
(b) Parliament, the Secretary to Parliament;
(c) a provincial legislature, the Secretary of the provincial legislature in question.
(3) (a) An employer referred to in section 84 (1) (a) (ii) shall within 60 days after the
commencement of this Act, and an employer referred to in section 84 (1) (a) (iii) shall
within 30 days after having been granted exemption under section 84 (2), furnish the
commissioner in the prescribed manner with the name of a person who shall be
responsible to report on behalf of such employer accidents as required by subsection (1)
(in this section referred to as the 'responsible person').
(b) If such employer individually liable thereafter designates some other person as the
responsible person such employer shall within 30 days after such designation notify the
commissioner thereof in the prescribed manner.
(4) Notwithstanding subsection (1) the Director-General may upon application authorize an
employer individually liable to report accidents at such intervals and in such manner as the
Director-General may determine.
(5) An employer referred to in section 84 (1) (b) shall report accidents to the mutual association
concerned in the prescribed manner.
(6) An employer, excluding an employer referred to in section 84 (1) (a) (i), (ii) and (iii), who fails to
comply with subsection (1) shall be guilty of an offence.

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(7) For the purposes of this section an accident includes any injury reported by an employee to his
employer, if the employee when reporting the injury alleges that it arose out of and in the
course of his employment and irrespective of the fact that in the opinion of the employer the
alleged accident did not so arise out of and in the course thereof.
(8) If an employer, excluding an employer referred to in section 84 (1) (a) (i), (ii) and (iii), fails to
report in the prescribed manner an accident which has happened to an employee in his, her or
its service within seven days after having received notice thereof or having learned thereof in
some other manner, the Director-General may impose a fine of not more than the full amount of
the compensation payable in respect of such accident upon him, her or it in addition to any
other penalty to which he, she or it may be liable.
(9) If a fine is in terms of subsection (8) imposed upon an employer referred to in section 84 (1) (b),
and is paid to the Director-General or recovered by him, such fine shall be paid over to the
mutual association concerned.
(10) For the purposes of subsection (8) compensation includes the cost of medical aid and any
amount paid or payable in terms of section 28, 54 (2) or 72 (2) and, in the case of a pension,
the capitalized value as determined by the Director-General of the pension, irrespective of
whether a lump sum is at any time paid in lieu of the whole or a portion of such pension in
terms of section 52 or 60, and periodical payments or allowances, as the case may be.
(11) If the Director-General is of the opinion that the failure referred to in subsection (8) was not
wilful or was due to a cause over which the employer had no control or that the payment of the
full amount of the compensation payable in respect of such accident, including the capitalized
value as determined in subsection (10), will probably result in the insolvency of the employer
concerned or, in the case of an employer that is a company, its liquidation, the Director-General
may on such conditions as he may think fit-
(a) reduce or remit any fine imposed by him;
(b) permit the employer to pay the fine in such instalments as he may determine.
(12) An employer shall at the request of an employee or the dependant of an employee furnish such
employee or dependant with a copy of the notice of the accident furnished by the employer to
the commissioner in respect of a claim for compensation by such employee or dependant.

41 Particulars in support of claim

(1) An employee who has met with an accident shall, when reporting the accident or thereafter at
the request of the employer or commissioner, furnish such information and documents as may
be prescribed or as the employer or commissioner may direct.
(2) Subject to section 62, an employer shall within seven days after having received a claim,
medical report or other documents or information concerning such claim send such claim,
report, documents or information to the commissioner.

43 Claim for compensation

(1) (a) A claim for compensation in terms of this Act shall be lodged by or on behalf of the
claimant in the prescribed manner with the commissioner or the employer or the mutual
association concerned, as the case may be, within 12 months after the date of the
accident or, in the case of death, within 12 months after the date of death.
(b) If a claim for compensation is not lodged as prescribed in paragraph (a), such claim for
compensation shall not be considered in terms of this Act, except where the accident
concerned has been reported in terms of section 39.
(2) Notwithstanding subsection (1) (a) a claim for compensation by any seaman or airman may be
lodged with the person in command of the ship or aircraft concerned, as the case may be,
except if such seaman or airman is himself the person in command.

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(3) If any seaman or airman meets with an accident outside the Republic resulting in death, a claim
for compensation shall be instituted within 12 months after news of the death has been
received by any dependant claiming compensation.
(4) The provisions of section 38 shall apply mutatis mutandis in respect of any failure to institute a
claim or in respect of any error or inaccuracy in a claim instituted in terms of this section.

OCCUPATIONAL HEALTH AND SAFETY ACT 85 OF 1993

General duties of employers to their employees

8. (1) Every employer shall provide and maintain, as far as is reasonably practicable, a working
environment that is safe and without risk to the health of his employees. · ·
(2) Without derogating from the generality of an employer's duties under subsection (1), the
matters to which those duties refer include in particular-
(a) the provision and maintenance of systems of work, plant and machinery that, as far as
is reasonably practicable; are safe and without risks to health;
(b) taking such steps as may be reasonably practicable to eliminate or mitigate any hazard
or potential hazard to the safety or health of employees, before resorting to personal
protective equipment;
(c) making arrangements for ensuring, as far as is reasonably practicable the safety and
absence of risks to health in connection with the production, processing, use, handling,
storage or transport of articles or substances; ·
(d) establishing, as far as is reasonably practicable, what hazards to the health or safety of
persons are attached to any work which is performed any article or substance which is
produced, processed, used, handled, stored or transported and any plant or machinery
which is used in his business, and he shall, as far as is reasonably practicable, further
establish what precautionary measures should be taken with respect to such work,
article, substance, plant or machinery in order to protect the health and safety of
persons, and he shall provide the necessary means to apply such precautionary
measures;
(e) providing such information, instructions, training and supervision as may be necessary
to ensure, as far as is reasonably practicable, the health and safety at work of his
employees;
(f) as far as is reasonably practicable, not permitting any employee to do any work or to
produce, process, use, handle, store or transport any article or substance or to operate
any plant or machinery, unless the precautionary measures contemplated in
paragraphs (b) and (d), or any other precautionary measures which may be prescribed,-
have been taken;
(g) taking all necessary measures to ensure that the requirements of this Act are complied
with by every person in his employment or on premises under his control where plant or
machinery is used;
(h) enforcing such measures as may be necessary in the interest of health and safety;
(i) ensuring that work is performed and that plant or machinery is used under the general
supervision of a person trained to understand the hazards associated with it and who
have the authority to ensure that precautionary measures taken by the employer are
implemented; and
(j) causing all employees to be informed regarding the scope of their authority as
contemplated in section 37(1)(b).

© The Independent Institute of Education (Pty) Ltd 2024

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General duties of employers and self-employed persons to persons other than their employees

9 (1) Every employer shall conduct his undertaking in such a manner as to ensure, as far as is
reasonably practicable, that persons other than those in his employment who may be directly
affected by his activities are not thereby exposed to hazards to their health or safety.
(2) Every self-employed person shall conduct his undertaking in such a manner as to ensure, as
far as is reasonably practicable, that he and other persons who may be directly affected by his
activities are not thereby exposed to hazards to their health or safety.

General duties of employees at work

14. Every employee shall at work

(a) take reasonable care for the health and safety of himself and of other persons' who may
be affected by his acts or omissions;
(b) as regards any duty or requirement imposed on his employer or any other. person by this
Act, co-operate with such employer or person to enable that duty or requirement to be
performed or complied with;
(c) carry out any lawful order given to him, and obey the health and safety rules and
procedures laid down by his employer or by anyone authorized thereto by his employer,
in the interest of health or safety;
(d) if any sit1-1atioi;t which is unsafe or unhealthy comes to his attention, as soon as
practicable report such situation to his employer or to the health and safety
representative for his workplace or section thereof, as the case may be, who shall report
it to the employer; and
(e) if he is involved in any incident which may affect his health or which has caused an injury
to himself, report such incident to his employer or to anyone authorized thereto by the
employer, or to his health and safety representative, as soon as practicable but not later
than the end of the particular' shift during which the incident occurred, unless the
circumstances were such that the reporting of the incident was not possible, in which
case he shall reflect the incident as soon as practicable thereafter.

© The Independent Institute of Education (Pty) Ltd 2024

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