Employment and Labour Law

 

 

A whistleblower is an employee, worker, or person who exposes information about illegal, unethical, or improper activities within an organization to a relevant person or body.

You can disclose information about any "impropriety" or wrongdoing. This includes criminal offenses, a failure to comply with a legal obligation, a miscarriage of justice, danger to public health or safety, environmental damage, or unfair discrimination.

The PDA outlines a specific hierarchy of reporting channels, including your employer, a legal advisor, a member of the Cabinet, the Public Protector, or another relevant public body like the police.

Yes, you can. You are not required to reveal your identity when making a disclosure. However, if you want legal protection under the PDA, it is often necessary to be identifiable as you would need to prove you suffered an occupational detriment as a result of your disclosure.

An occupational detriment is any form of unfair action taken against an employee for making a protected disclosure. This includes disciplinary action, dismissal, suspension, demotion, harassment, or being transferred against your will.

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Protected Disclosures (Whistleblowing)

Expert Legal Counsel for Whistleblowers

It’s not often that an employee reports misconduct in the workplace. This is because employees are often uncertain about what to do and fear reprisal from their employer. To address this problem and ensure employees are protected, South Africa enacted the Protected Disclosures Act (PDA). This Act protects employees in both the private and public sectors from what is known as an “occupational detriment,” which includes being dismissed, suspended, demoted, harassed, or intimidated for having made a disclosure.

What is a Protected Disclosure?

A protected disclosure is a disclosure made in good faith that reveals an “impropriety” in the workplace. An impropriety is a broad term that includes things like a criminal offense, a failure to comply with a legal obligation, an act that endangers public health or safety, or unfair discrimination.

The key to a protected disclosure is that it must be based on facts, not just rumours or unfounded allegations. It also needs to be made through the correct channels as prescribed by the PDA.

How VDM Attorneys Can Help You

At VDM Attorneys, we act as a crucial shield for whistleblowers, providing expert guidance and robust legal representation. Our services are designed to protect your rights and ensure your actions are legally sound.

Here’s how we can assist you:

1. Strategic Legal Advice and Risk Assessment

Is your disclosure protected? We will analyse whether the information you have falls under the PDA and if it was disclosed to the correct person or body.

  • Choosing the right channel: We advise you on the safest and most effective way to report misconduct, ensuring your disclosure is legally protected.
  • Assessing potential risks: We help you understand the risks you face, from potential dismissal to legal claims from the company.

2. Legal Protection and Representation

If you suffer an occupational detriment after making a disclosure, we will step in to protect you. We can:

  • File a dispute: We will help you lodge an unfair dismissal or unfair labour practice claim with the CCMA or Labour Court, arguing that the retaliation you faced was a direct result of your protected disclosure.
  • Seek legal remedies: We will fight for reinstatement, compensation for lost earnings, and damages. We can also apply for an urgent interdict to protect you from further harm.
  • Draft legal documents: We handle all the necessary paperwork, from CCMA referral forms to court affidavits, to build a strong case.

3. Confidentiality and Privileged Communication

The relationship between an attorney and a client is legally privileged. This is a critical protection for a whistleblower.

  • Protecting your identity: We will handle your information with the utmost confidentiality and, where possible, work to protect your identity from your employer and other parties.
  • Secure communication: The PDA specifically states that a disclosure made to a legal practitioner for the purpose of obtaining legal advice is a "protected disclosure." This means you can safely disclose information to us without losing your legal protection.

4. Assistance with Other Legal Challenges

Whistleblowing can lead to a variety of legal issues. We can also assist you with:

  • Civil Claims: If you are sued for defamation or breach of a confidentiality agreement, we will defend you by arguing your disclosure was protected by the PDA.
  • Protection Orders: If you face harassment or intimidation, we can help you obtain a protection order to ensure your safety.
  • Criminal matters: Should you face criminal charges related to your disclosure, we will provide you with legal representation.

Protect Yourself. Speak Up. Call VDM Attorneys.

If you are considering making a protected disclosure or have suffered retaliation for speaking out, don't face it alone. The law is on your side, but navigating it requires a trusted legal partner. Contact VDM Attorneys today for a confidential consultation. We are here to ensure your voice is heard and your rights are protected.

VDM Attorneys - Your Legal Shield in the Face of Retaliation.

Taking a stand against wrongdoing takes courage. We provide the legal expertise you need to make that stand safely. If you are a whistleblower, your journey doesn't have to be a risk. Reach out to us now to discuss how we can build a strategic plan to protect your career and your future.