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
Bid rigging vs price fixing: Clarification on when you will be deemed to have exited a cartel
Understanding what is exactly required to demonstrate that a company has distanced itself from a cartel is undoubtedly of great [...]
Illegal mining, the ‘zama zamas’ and the Law
Illegal mining is a critical challenge in the South African mining and minerals industry. The South African government previously recognised [...]
Derivative misconduct in the workplace
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; Kelly Sease and Danelle Plaatjies, Candidate Attorneys Issue Whether or [...]
Normal retirement age versus agreed retirement age
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; Kelly Sease and Danelle Plaatjies, Candidate Attorneys An agreed retirement [...]
Road block ahead! Are data protection laws stifling technological innovation?
by Ahmore Burger-Smidt, Head of Data Privacy and Cybercrime Practice, and Siyabonga Galela, Candidate Attorney Oh, where the time has gone! It [...]
Sticks, straws and bricks: POPIA compliance strategy & governance framework
The Protection of Personal Information Act, 4 of 2013 (POPIA) is now over a year in full effect. Indeed, the [...]