The Protected Disclosure Act (PDA) defines a ‘protected disclosure’ as an employee disclosing information that regards any conduct of an employer or any other employees, as morally and criminally opprobrious (which is inclusive of, but not limited to).
Whistle blowers need to be protected in their work environment from being subjected to occupational detriment, which is the main aim of the protected disclosure act – notably, there are requirements.
Employees become part of a culture of fostering improprieties due to remaining silent about corruption, offences and other malpractices that take place in their work place, this in turn may undermine his or her own career, as well as causing detrimental effects to the legitimate interest of society in general.
Disclosing criminal and other irregular conduct in the work environment places a responsibility on every employer and employee.
A responsibility falls upon every employer to take necessary steps to ensure the protection from any reprisals that may arise from any employee who discloses certain information.
Firstly, the PDA offers protection that only applies where it is determined that a disclosure was made, and secondly that the aforementioned disclosure is classified as being a ‘protected disclosure’.
With reference to the PDA’s requirements, individuals can make a protected disclosure to one of the following:
- A legal advisor, relating to the purpose to obtain legal advice;
- The employer;
- The Public protecter;
- The auditor-general;
- Under certain circumstances, the minister of Member of the Executive Council (MEC) of a province; and
- If you believe that you could not make a disclosure to your employer, that the said disclosure is made in good faith, along with other conditions being met, you may make a protected disclosure to any other individual.
Legal advice should be sought in this regard.
The PDA aims to prevent acts such as dismissal, harassment, intimidation, and suspension.
In the case that a whistle blower is subjected to occupational detriment, there are certain remedies at their disposal such as to approach any court that has jurisdiction for relief.
Written by Charlene Hefer (Candidate Attorney)