LO- Right And Responsibilitiees In The Workplace Flashcards
Every citizen has the right to choose
Their trade, occupation or profession freely.
The practice of the trade, occupation or profession may be regulated by law.
Everyone has the right to
Fair labour practices
Every employer must take
Steps to promote equal opportunity in the workplace by eliminating unfair discrimination in any employment policy or practice
Employment policy or practice is
Widely defined and includes: recruitment, job classification, remuneration, employment benefits and terms and conditions, promotion and dismissal.
No person may
Unfairly discriminate, directly or indirectly, against an employee, in any employment policy or practice, on one or more grounds, including gender, sex, pregnancy, marital status and family responsibility.
Affirmative action is not
Unfair discrimination nor is to distinguish, exclude or prefer any person on the basis of inherent requirement of the job
Employees with HIV/AIDS may not
Be unfairly discriminated against in the allocation of employee benefits.
Employees who become ill with AIDS
Should be treated like any other employee with a comparable life threatening illness with regards to access to employee benefits
Employees with HIV/AIDS
May not be dismissed solely on the basis of their HIV/AIDS status
Where an employee has become
Too ill to perform their current work, an employer is obliged to follow the accepted guidelines regarding dismissal for incapacity before terminating the employee’s service, as set out in the Code of Good Practice on Dismissal contained Schedule 8 of Labour Relations Act.
Employer should ensure
That as far as possible, an employee’s right to confidentially regarding their HIV status is maintained during any incapacity proceedings.
An employee can’t be compelled to undergo and HIV test or to disclose their HIV status as a part of such proceedings as part of such proceedings unless the Labour Court authorized such a test.
