Dear Reader

The CCMA sure knows how to light up the news headlines. In a Business Report article I read, two junior officials want their jobs back after they were fired for exposing irregular spending by the CCMA. The axed workers first made allegations early last year about various contracts that the CCMA had irregularly awarded.

After 5 months on suspension they were axed for telling on the boss…

Looks like the CCMA would benefit from becoming a subscriber to the Labour Law for Managers loose-leaf service. It would’ve found all the information it needed in the section on protected disclosures aka whistleblowing.

So you don’t make the same mistake…this is what you need to know…

A protected disclosure made by an employee may reveal irregular, unlawful or criminal conduct in the workplace, committed by an employer or an employee.

The Protected Disclosures Act highlights certain types of protected disclosures

If an employee makes a disclosure to:

• a legal adviser;
• an employer;
• a member of Cabinet or of the Executive Council of a province; or
• a person or body in accordance with Section 8 of the PDA, which refers to the Public Protector and the Auditor General

it must follow the guidelines set out in the PDA for it to be a protected disclosure.

Did the CCMA follow the step-by-step process to identify whether the disclosure was a general protected disclosure?

Who knows…but you must know how to deal with a protected disclosure. As an employer, the onus is on you to deal with protected disclosures properly!

If you dismiss an employee because he made a protected disclosure, the dismissal will be automatically unfair (Section 187 of the LRA).

You could find yourself at the CCMA

Despite the dubious allegations above, the CCMA still plays a key role in defending worker’s rights, and you don’t want to find yourself there! Don’t be on the losing side. The best way to prevent this is to get your hands on a copy of Labour Law for Managers.

The service contains a comprehensive collection of important checklists, easy-to-understand examples, step-by-step instructions, sample employment contracts and letters. In fact, everything you need to ensure that your business is legally protected.

Until next time,

Tracy King
Managing Editor

PS: If you order Labour Law for Managers before 30 August, you’ll get a copy of the booklet: Say “You’re Fired!” And Make It Stick at no cost to you.

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