Section 4 – Remedies

Remedies

4. (1) Any employee who has been subjected, is subject or may be subjected, to an occupational detriment in breach of section 3, may

(a) approach any court having jurisdiction, including the Labour Court established by section 15 I of the Labour Relations Act, 1995 (Act No. 66 of 1995), for appropriate relief or

(b) pursue any other process allowed or prescribed by any law.

(2) For the purposes of the Labour Relations Act, 1995, including the consideration of any matter emanating from this Act by the Labour Court—

(a) any dismissal in breach of section 3 is deemed [o be an automatically unfair dismissal as contemplated in section 187 of that Act, ond the dispute about
such a dismissal must follow the procedure set out in Chapter VIII of that Act;
and

(b) any other occupational detriment in breach of section 3 is deemed to be an unfair Iabour practice as contemplated in Part B of Schedule 7 to that Act, and the dispute about such an unfair labour practice must follow the procedure set out in that Part: Provided that if the matter fails to be resolved through conciliation, it may be referred to the Labour Court for adjudication.

(3) Any employee who has made a protected disclosure and who reasonably believes that he or she may be adversely affected on account of having made that disclosure, must, at his or her request and if reasonably possible or practicable, be transferred from the post or position occupied by him or her at the time of the disclosure to another post or position in the same division or another division of his or her employer or, where the person making the disclosure is employed by an organ of state, to another organ of state.

(4) The terms and conditions of employment of a person transferred in terms of subsection (2) may not, without his or her written consent, be less favorable than the terms and conditions applicable to him or her immediately before his or her transfer.