Dear Reader

Welcome to this week’s Labour Bulletin.

It seems strike season has come early this year as the World Cup looms. We’ve had Transnet workers at it for a few weeks, and Eskom was pushed to get an interdict to stop its workers striking.

And I’m very sure this isn’t the last we’re going to hear about strikes this year either!

A PDA isn’t just a public display of affection

Another topic I hear and read a lot about is corruption. It seems to be endemic, but there are people who speak up about illegal activities. You must know what to do in terms of the Protected Disclosures Act (PDA) if one of your employees brings suspicious activity to your attention.

You can’t dismiss a whistleblower for making a protected disclosure! Do you know exactly what a disclosure is? Will you be 100% certain it’s a protected disclosure? Have you implemented a policy to deal with whistleblowers?

These are important issues you need to know about. It’s vital you follow the right procedure if an employee comes to you with certain information. If you don’t, you’re guilty of an unfair labour practice!

We answer all your questions, so you’ll be 100% certain
We cover all these aspects in your latest Labour Law for Managers update. Keep a look out for it and find out exactly what you need to do in terms of the Protected Disclosures Act.

In the meantime, have a look at what action a wronged employee can take…

What can the employee do if you dismiss him due to a protected disclosure?

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

1.    The employee can refer an unfair dismissal dispute to the CCMA or the applicable Bargaining Council that has jurisdiction over the matter. It will try and conciliate (settle) the dispute;

2.    If the dispute isn’t settled, the employee can refer the dispute to the Labour Court for adjudication;

3.    If the employee is successful, the Labour Court may order that the employee be reinstated, re-employed or that you compensate the employee (up to a maximum amount of 24 months’ remuneration).

4.    The Labour Court also has the power to make any other award it deems appropriate in the circumstances. It could, for example, also award damages to the employee.

Don’t be guilty of an unfair labour practice

In the event you subject your employee to any other occupational detriment besides dismissal, this’ll be deemed an unfair labour practice in terms of the LRA.

Until next time

Sarah-Jane Bosch
Managing Editor
Labour Law for Managers Practical Handbook
Practical Guide to Human Resources Management