Answered

QUESTION 2
Modiqua was employed by the 4th Element (Pty) Ltd until he was dismissed for making
a disclosure to the Department of Employment and Labour about the employer's
pattern of non-compliance with the occupational health and safety protocols.
ANSWER THE FOLLOWING QUESTIONS WITH REFERENCE TO THE RELEVANT
AUTHORITY:
(i)
Discuss the lawfulness of the respective conducts of Modiqua (disclosure)
and employer (dismissal).
(9)

Verified Answer :

GinnyAnswer

Final answer:

This answer discusses the lawfulness of Modiqua's disclosure and the employer's dismissal in relation to the Protected Disclosures Act.


Explanation:

The lawfulness of Modiqua's conduct (disclosure): Modiqua's disclosure to the Department of Employment and Labour regarding the employer's non-compliance with occupational health and safety protocols is protected under the Protected Disclosures Act. This act safeguards employees who expose wrongdoing in the workplace. Modiqua's action was legal and aimed at ensuring compliance with safety standards.

The lawfulness of the employer's conduct (dismissal): The employer's dismissal of Modiqua for making the disclosure is unlawful. The Protected Disclosures Act prohibits employers from retaliating against employees who report misconduct. Dismissing an employee for whistleblowing violates the law designed to protect whistleblowers in the interest of public safety and transparency.

Relevant Authority: Protected Disclosures Act


Learn more about Protected Disclosures Act here:

https://brainly.com/question/39725270


Related Questions