Protected Disclosures Act, 2000 (Act No. 26 of 2000)RegulationsPractical Guidelines for EmployeesPart I2. How the Act works |
No employee may be victimised or penalised by his or her employer as a direct or indirect result of having made a disclosure in accordance with any one of the procedures provided for by the Act2.
These procedures can be described as routes that can be followed in order to disclose information which show or tend to show one or more of the following—
| * | that a criminal offence has been, is being or is likely to be committed; |
| * | that a person has failed, is failing or is likely to fail to comply with any legal obligation to which that person is subject; |
| * | that a miscarriage of justice has occurred, is occurring or is likely to occur; |
| * | that the health or safety of an individual has been, is being or is likely to be endangered; |
| * | that the environment has been, is being or is likely to be endangered; |
| * | unfair discrimination as contemplated in the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act 4 of 2000); or |
| * | that any matter referred to above has been, is being or is likely to be deliberately concealed. |
The Act was implemented on 16 February 2001, and is applicable to any disclosure that was made after 16 February 2001 (it does not matter when the relevant impropriety took place, as long as the disclosure was made after 16 February 2001).
It is important to note that no provision in a contract of employment or other agreement which applies to an employer and employee may attempt to exclude any provision of the Act or—
| * | attempt to prevent an employee; or |
| * | discourage an employee, |
from making a protected disclosure. Such provision (in a contract of employment) or agreement (between an employer and employee) has no legal effect.
| 2 | Sections 2 and 3 of the Act. |