Ms X is employed as a secretary for ISCOR PTY LTD and Part of her duties is to share the employer’s instructions with other employees daily: Occupational health and safety 3.1 Assignment, VUT, Ireland
| University | Vaal University of Technology (VUT) |
| Subject | Occupational health and safety 3.1 |
Question
Ms. X is employed as a secretary for ISCOR PTY LTD. Part of her duties is to share the employer’s instructions with other employees daily. While discharging her duties, she gets sexually harassed by Mr. Z of Iscor PTY LTD. Ms. X blames ISCOR PTY LTD for failing to ensure that the workplace is safe and without risk to the health of employees. She then institutes some action for damages against ISCOR PTY LTD emanating from sexual harassment. Using the Constitution, OSH ACT, common law, and case law advise Ms. X on her prospects of success for a claim for damages against ISCOR PTY LTD.
Your answer should reflect the following:
- the extent to which the Constitution protects employees’ right to a workplace
that is safe and without risk to the health of employees. - the extent to which the OSH ACT and Common law impose a duty on employers to ensure that the workplace is safe and without risk to the health of employees
- applicable case law on the question of sexual harassment and the employers’
duty to ensure a workplace that is safe and without risk to the health of employees.
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