n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - The role of the Protected Disclosures Act as an indirect means of monitoring employer obligations




The existence of legislation making certain employer conduct illegal is no guarantee that these laws will not be broken. Trevor Manuel agrees that the law alone is not enough to ensure fiduciary responsibility on the part of employers and to prevent exploitative labour practices. This, he added, is the case even with the expansion of corporate statutes and the increased codification of rights and responsibilities. Since employees are the ones who are most likely to be aware of illegal conduct on the part of employers, the traditional system of enforcement, through the courts, depends on employee monitoring and reporting. Employees may be reluctant to take their employers to task, however, for fear of reprisal.


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