QUESTION $2$

Modiqua was employed by the $4$th 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$).(9)$

$($ii$)$ 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.

$(8)$

$($iii$)$ One of the common law duties of the employee is to obey all the reasonable

instructions of the employer. The OHSA, however, provides protection for

$$disobedient$$ employees under certain circumstances. List those

circumstances. $(8)$

$[$