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 Uber price-fixing ride: what are the anti-trust co-ordinates?
During December 2015, Spencer Meyer instituted a class action lawsuit against Uber Technologies, Inc’s CEO, Travis Kalanick, in the United [...]
Far reaching judgment of the recent silicosis class action case
INTRODUCTION The scope and magnitude of the proposed class actions envisaged in Nkala v Harmony Gold Mining Company Limited (Treatment [...]
What happens to confidential information exchanged between the Competition Commission and sector regulators as the number of co-operation
The protection of confidential information has always been a feather in the cap of the Competition Commission (“Commission”). The Competition [...]
Special voluntary disclosure and exchange control relief
By: The Werksmans Tax Team INTRODUCTION Following the announcement of the Special Voluntary Disclosure Programme (SVDP) in [...]
Is the alleged transfer of an insolvent business indeed a transfer as a going concern
Mokhele & Others v Schmidt & Others (JS 564/11) 19 May 2016 ISSUE Whether the alleged transfer of an [...]
Can a strike be rendered unlawful as a result of unlawful acts including acts of violence?
National Union of Food Beverage Wine Spirits and Allied Workers (NUFBWSAW) and others v Universal Product Network (Pty) Ltd In [...]
