oa Juta's Business Law - Blowing the whistle
In this article I shall discuss certain terms used in the Protected Disclosures Act 26 of 2000 (the 'PDA') and the recent decision in Tshishonga v Minister of Justice & Constitutional Development & another  4 BLLR 327 (LC), which dealt with the legal position of an employee who makes a general protected disclosure.
The PDA provides that no employee may be subjected to any occupational detriment by his or her employer on account of, or partly on account of, having made a protected disclosure' (s 3). The PDA must be read with section 186(2)(d) of the Labour Relations Act 66 of 1995 (the 'LRA'). It states that an 'occupational detriment' (other than a dismissal) suffered by an employee on account of having made a protected disclosure constitutes an unfair labour practice.
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