Section 145, The Mines and Minerals Act, 2009

(1) No person may discriminate against any employeefor- (a) exercising a right in terms of this Act or in Duties of workers at mines. Protection from discrimination. Duty of mineral right to ensure safety of workers. workers at mines 112 113 terms of a collective agreement under this Act or under any other law; (b) doing anything that the employee is entitled to do in terms of this Act or in terms of a collective agreement under this Act or under any other law; (c) refusing to do anything that the employee is entitled to refuse to do in terms of this Act or in terms of a collective agreement under this Act or under any other law; or (d) refusing to do anything that the employee is prohibited from doing in terms of this Act or in terms of a collective agreement under this Act or under any other law; (2) For the purposes of this section- (a) “discriminate” means to dismiss an employee or to engage in any other conduct which has the effect of prejudicing or disadvantaging the employee, or which prejudices or disadvantages the employee relative to other employees; and (b) “employee” includes any applicant for employment who has previously been employed at a mine.