Protected Disclosures Act, 2000 (Act No. 26 of 2000)4. Remedies |
| (1) | Any employee who has been subjected, is subjected or may be subjected, to an occupational detriment in breach of section 3, or may be subjected, to an occupational detriment in breach of section 3, or anyone acting on behalf of an employee who is not able to act in his or her own name, may— |
[Words preceding section 4(1)(a) substituted by section 5(a) of Notice No. 768, GG 41016, dated 2 August 2017]
| (a) | approach any court having jurisdiction, including the Labour Court established by section 15 of the Labour Relations Act, 1995 (Act No. 66 of 1995), for appropriate relief; or |
| (b) | pursue any other process allowed or prescribed by any law. |
| (1A) | Any worker who has been subjected, is subjected or may be subjected, to an occupational detriment in breach of section 3, or anyone on behalf of a worker who is not able to act in his or her own name, may approach any court having jurisdiction for appropriate relief. |
[Section 4(1A) inserted by section 5(b) of Notice No. 768, GG 41016, dated 2 August 2017]
| (1B) | If the court or tribunal, including the Labour Court is satisfied that an employee or worker has been subjected to or will be subjected to an occupational detriment on account of a protected disclosure, it may make an appropriate order that is just and equitable in the circumstances, including— |
| (a) | payment of compensation by the employer or client, as the case may be, to that employee or worker; |
| (b) | payment by the employer or client, as the case may be, of actual damages suffered by the employee or worker; or |
| (c) | an order directing the employer or client, as the case may be, to take steps to remedy the occupational detriment |
[Section 4(1B) inserted by section 5(b) of Notice No. 768, GG 41016, dated 2 August 2017]
| (2) | For the purposes of the Labour Relations Act, 1995, including the consideration of any matter emanating from this Act by the Labour Court— |
| (a) | any dismissal in breach of section 3 is deemed to be an automatically unfair dismissal as contemplated in section 187 of that Act, and the dispute about such a dismissal may follow the procedure set out in Chapter VIII of that Act or any other process to recover damages in a competent court; and |
| (b) | any other occupational detriment in breach of section 3 is deemed to be an unfair Iabour practice as contemplated in Section 186(2) that Act, and the dispute about such an unfair labour practice must follow the procedure set out in Section 191: Provided that if the matter fails to be resolved through conciliation, it may be referred to the Labour Court for adjudication. |
[Section 4(2) substituted by section 5(c) of Notice No. 768, GG 41016, dated 2 August 2017]
| (3) | Any employee who has made a protected disclosure and who reasonably believes that he or she may be adversely affected on account of having made that disclosure, must, at his or her request and if reasonably possible or practicable, be transferred from the post or position occupied by him or her at the time of the disclosure to another post or position in the same division or another division of his or her employer or, where the person making the disclosure is employed by an organ of state, to another organ of state. |
| (4) | The terms and conditions of employment of a person transferred in terms of subsection (3) may not, without his or her written consent, be less favorable than the terms and conditions applicable to him or her immediately before his or her transfer. |
[Section 4(4) substituted by section 5(d) of Notice No. 768, GG 41016, dated 2 August 2017]