Protected Disclosures Act, 2000 (Act No. 26 of 2000)RegulationsPractical Guidelines for EmployeesPart I5. What do I do if I am victimised as a result of making a disclosure?8 |
An employee who has been subjected, is subject or may be subjected to an occupational detriment as a result of making a disclosure may approach any court having jurisdiction for protection.
The Act relates to the employer/employee relationship, therefore an employee may also use the provisions of the Labour Relations Act, 1995 (Act 66 of 1995), to protect himself or herself from being subjected to an occupational detriment.
For example:
| * | If an employee is dismissed as a result of making a disclosure in terms of the Protected Disclosures Act, 2000, that dismissal is deemed to be an "automatically unfair dismissal" for purposes of the Labour Relations Act, 1995. |
| * | All other forms of occupational detriment referred to in paragraph 4 above, are deemed to be "unfair labour practices" as contemplated in the Labour Relations Act, 1995. |
Ask your labour union to advise you on what your remedies are and how you should go about enforcing your remedies.
An employee may also request, if reasonably possible or practicable, to 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 or if the employee making the disclosure is employed by an organ of state, to another organ of state.9 The terms and conditions of employment of a person transferred, may not without his or her consent be less favourable than the terms and conditions applicable to him or her immediately before his or her transfer.
| 8 | Section 4 of the Act. |
| 9 | Section 4 of the Act. |