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:

  1. Prevent an employee from exercising any right conferred by this Act or from participating in any proceedings in terms of this Act; or
  2. prejudice an employee because of past, present or anticipated-

    1. disclosure of information that the employee is lawfully entitled or required to give to another person;
    2. exercise of any right conferred by this Act; or
    3. 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.

52. Procedure for disputes

1) If there is a dispute about the interpretation or application of this Part, any party to the dispute may refer it in writing to the CCMA.

2) The CCMA must attempt to resolve a dispute referred to it in terms of this Part through conciliation.

3) If the dispute remains unresolved after conciliation-

  1. any party to the dispute may refer it to the Labour Court for adjudication; or
  2. all the parties to the dispute may consent to arbitration of the dispute by the CCMA.

4) In respect of a dispute in terms of this Part, the relevant provisions of Part C and D of Chapter VII of the Labour Relations Act apply, read with the changes required by the context.

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