The government has published its consultation on proposed regulations to prevent the misuse of non-disclosure agreements in cases of workplace harassment and discrimination.
The government has published its consultation on the proposed regulations to prevent the misuse of NDAs in cases of workplace harassment and discrimination. For employment lawyers, HR professionals and employers alike, the proposals demonstrate a significant shift in the balance between legitimate confidentiality provisions and worker protection.
In this article, we look at the government’s proposals around when an NDA can be used; and we explore the practical implications for those advising on or entering into agreements which contain confidentiality provisions.
NDAs are contractual agreements or clauses, often used within a broader agreement, which seek to keep certain information confidential – they are widely used in settlement agreements, COT3 agreements, employment contracts and commercial agreements for a range of legitimate purposes, including the protection of trade secrets and sensitive business information. However, following the #MeToo movement, concerns were raised that NDAs were being used to unfairly silence or ‘gag’ workers from raising complaints about sexual harassment, discrimination and other forms of workplace misconduct. Since then, the government has come under increased pressure to “ban” NDAs.
The consultation states that the root of the problem is the inherent power imbalance...
Image: Facebook/SAPS The IDAC has rubbished rumours that it has a J50 warrant of arrest for KZN provincial police commissioner Lieutenant-General Nhlanhla Mkhwanazi as “false”. This comes after re...