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
The right not to be dismissed – a multiplicity of rights and actions
By Bradley Workman-Davies, Director The Labour Relations Act, 66 of 1995 has been a significant part of the South African [...]
The right of access to housing and its applicability to citizens or non-citizens
By Anele Ngidi, Director and Thomas Karberg, Candidate Attorney The latter part of 2019 was marred by a series of [...]
Proposed new interest deductibility limitation rules
By Robyn Armstrong, Director Interest payments are generally viewed as an ordinary business expense which are deductible in determining taxable [...]
Goal or yellow card – Inter Miami vs Inter Milan
By Donvay Wegierski, Director At the time of writing, events worldwide are being cancelled or postponed in an effort to [...]
Amendment to national minimum wage and sectoral determination minimum wages
By Jacques van Wyk, Director, Andre van Heerden, Senior Associate and Thabisa Yantolo, Candidate Attorney On 17 February 2020 the [...]
An employee’s duty to disclose information when applying for employment
By Jacques van Wyk, Director, Andre van Heerden, Senior Associate and Thabisa Yantolo, Candidate Attorney Issue Whether an employee who [...]
