Whistleblowing is a cornerstone of ethical business, intended to empower employees to speak up about wrongdoing without fear of reprisal. South Africa's legislative framework...
Whistleblowing is a cornerstone of ethical business, intended to empower employees to speak up about wrongdoing without fear of reprisal. South Africa's legislative framework, particularly the Protected Disclosures Act ("PDA") and the Labour Relations Act ("LRA"), has evolved to provide robust protections for those who raise genuine concerns. But as with any well-intentioned system, there is a growing risk: the very protections designed to shield the brave can be manipulated by the opportunistic.
Background: The promise of protection
At its heart, whistleblowing law is about encouraging transparency and accountability. The PDA and LRA make it clear that employees who disclose information about criminal conduct, corruption, or other serious improprieties are protected from "occupational detriment" - that is, any form of workplace retaliation, including dismissal, demotion or harassment. These protections are vital for fostering a culture where employees feel safe to report misconduct, ultimately benefiting both organisations and society at large.
Section 188A of the LRA, in particular, was introduced to strengthen these protections. It allows employees who believe that disciplinary action against them is a reprisal for whistleblowing to request that their hearing be conducted by an independent...
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