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
Woolworths Vs Ubuntu Baba Saga
2019 certainly started with a bang for Woolworths when social media carried the story of its sale of a baby [...]
Cutting edge issues for south african boards of directors facing financial distress in 2019
INTRODUCTION Over the years, South African directors have, from time to time been faced with claims of malfeasance, reckless trading, [...]
African competition law developments in 2018 and the outlook for 2019
Africa is sometimes described as the "last frontier" of competition law. This observation arises because many African countries have only [...]
Brexit And Trade Marks – What Is Next
The following considerations and time frames concerning trade marks in the UK are expected to apply to European Trade Marks [...]
‘Deal’ or ‘No Deal’ – brexit and trade marks
By Donvay Wegierski, Director Depending on the circumstances, the following considerations and time frames concerning trade marks in the UK [...]
South Africa: primark cancelled due to non-use
By Janine Hollesen, Director Truworths brought a cancellation application against Primark Holdings’ registration for PRIMARK on the basis that the [...]
