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PROTECTED DISCLOSURES IN THE WORKPLACE

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A protected disclosure refers to a disclosure pertaining to information regarding an impropriety, made to a designated party according to the scheme established by the Protected Disclosures Act. Presidentially assented on 7 August 2000, and effected in February 2001, the prescriptions of the act applies to any party engaged in an employer-employee relationship.

It encourages employees to raise concerns about improprieties in the workplace and seeks to ensure that employers respond by tackling the content of the disclosure, as opposed to the discloser of the content, or merely sweeping the impropriety under the rug in hopes that it shall act as an invisibility cloak.

 

An impropriety in the context of a protected disclosure must satisfy particular criteria in order to be deemed legitimate and truly protected, and is not bound by the constrictions of confidentiality or geographical boundaries.

  • It must be made in good faith with the discloser having sufficient grounds to believe that the content of the disclosure is factual, whether it has occurred, is occurring, or is likelyto occur.

Such improprieties include matters such as;

  • criminal offences
  • contravention of legislation
  • miscarriage of justice
  • endangerment of an individual’s health or safety
  • environmental damage
  • unfair discrimination.

 

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