Legal updates and opinions
News / News
The Protected Disclosures Amendment Act, No 5 of 2017
On 31 July 2017 the President of the Republic of South Africa assented to the Protected Disclosures Amendment Act 5 of 2017 (“Amendment Act”). The Amendment Act commenced on 2 August 2017.
The Amendment Act extends the application of the Act to any person who works or worked for the State or another person or who in any manner assists or assisted in carrying on or conducting the business of an employer or client as an independent contractor, consultant, agent or person rendering services to a client while being employed by a temporary employment service; to regulate joint liability of employers and their clients; to introduce a duty to inform employees or workers who have disclosed information regarding unlawful or irregular conduct; to provide for immunity against civil and criminal liability flowing from a disclosure of information which shows or tends to show that a criminal offence has been committed, is being committed or is reasonably likely to be committed; to create an offence for the disclosure of false information; and to provide for matters connected therewith.
For example; the amendment provides for the insertions of a new section which provides as follows:
(3A) Where an employer, under the express or implied authority or with the knowledge of a client, subjects an employee or a worker to an occupational detriment, both the employer and client are jointly and severally liable.
Therefore, if a temporary employer service provider (i.e. employer) subjects an employee to disciplinary action (i.e. an occupation detriment) then both the employer and the TES client will be jointly and severally liable.
Employers would be well advised to review their service level agreements with their TES’s to ensure the TES indemnifies the client (employer) against the abovementioned liability.
Should you require any further information regarding the provisions of Amendment Act, and their impact in the context of employment relations, please do not hesitate to contact us.
If you would like to learn more about Labour & Employment please visit our practice area page.
Latest News
Success fees to Business Rescue Practitioners: important aspects to consider
By Malachizodok Mpolokeng, Candidate AttorneyReviewed by: Dr. Eric Levenstein, Director and head of the Insolvency, Business Rescue & Restructuring practice. [...]
Letter issued by the Johannesburg Stock Exchange on 21 April 2020 on the Payment of Dividends (“JSE Letter”)
by Natalie Scott, Director and Tahli Hanan, Candidate Attorney Background The COVID-19 pandemic has caused considerable and unanticipated disruption to [...]
Fourth Amendment to the Disaster Management Regulations, insofar as they impact upon the energy and mining sector during COVID-19 lockdown
by Chris Stevens, Director and head of Mining, Environmental & Resources practice, Kathleen Louw; Director; and Bronwyn Parker Senior Associate [...]
COVID-19 and the resultant impact on rental payments: a practical analysis
by Fátima Rodrigues, Director and Head of the Property Law & Real Estate practice and Kashvi Lalla, Director Introduction The [...]
Letter issued by the Johannesburg Stock Exchange on 17 April 2020 on Capital Raising Measures and Other (“JSE Letter”)
by Kyra South, AssociateReviewed by Natalie Scott, Director Backround 1.1 Since the outbreak of Covid‑19, and the subsequent national lockdown [...]
Exemptions and extensions for financial services providers and juristic representatives
by Hilah Laskov, Senior Associate and Chelsea Roux, Candidate Attorney Reviewed by Shayne Krige, Director and head of the Investment Funds & [...]
