n Law, Democracy & Development - The Protected Disclosures Act : challenges for labour law jurisprudence
|Article Title||The Protected Disclosures Act : challenges for labour law jurisprudence|
|© Publisher:||University of the Western Cape|
|Journal||Law, Democracy & Development|
|Publication Date||Jan 2002|
|Pages||139 - 150|
The Protected Disclosures Act has been in operation for some two years. Though the notion of the "whistle blower" has become common currency in South African discourse, the Act remains uncharted territory. It is likely to be more widely used following the enactment of the latest amendments to the Labour Relations Act: Those protected by the PDA may now utilise the "unfair labour practice" and "automatically unfair dismissal" provisions of the Labour Relations Act to seek remedies for "occupational detriment" and "dismissal" in terms of the PDA. The new amendments to sections 186 and 187 of the LRA make explicit reference to the PDA.
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