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)
(ii)
Discuss the lawfulness of the respective conducts of Modiqua (disclosure)
and employer (dismissal).
(9)
Employers are expected to take a 'reasonably practicable' standard of care
towards ensuring the health and safety of employees. That is, the duty to
ensure health and safety is not absolute. Explain how the concept
"reasonably practicable' standard is determined in each situation.
(8)