https://www.polity.org.za
Deepening Democracy through Access to Information
Home / Legal Briefs / Werksmans RSS ← Back
Close

Email this article

separate emails by commas, maximum limit of 4 addresses

Sponsored by

Close

Embed Video

Legislative updates

Legislative updates

29th July 2014

SAVE THIS ARTICLE      EMAIL THIS ARTICLE

Font size: -+

DRAFT PROTECTED DISCLOSURES AMENDMENT BILL

The Draft Protected Disclosures Amendment Bill (“the Bill”) aims to amend the Protected Disclosures Act, 2000 (“the Act”). The Amendment will expand the scope of application of the Act beyond the traditional employment relationship by the inclusion of disclosures made by independent contractors, consultants or agents. It extends the definition of “occupational detriment” in Section 1 of the Act to include being subjected to a civil claim for the breach of a duty of confidentiality or a confidentiality agreement committed as result of the disclosure of a criminal offence.

Advertisement

The Bill introduces an obligation on employers to ensure that they have proper and appropriate internal procedures regulating the receipt and handling of disclosures. It also introduces an obligation on an employer to whom a protected disclosure has been made to within 14 days of the disclosure, acknowledge receipt of the disclosure and confirm in writing that an investigation will be conducted. The employer then has an obligation to conduct the investigation or may hand over the investigation to a person or body appropriately qualified to do so.

The Bill aims to further promote and encourage disclosures by excluding civil and criminal liability of persons who make protected disclosures as defined by the Act, in breach of any law, oath, agreement or practice which requires confidentiality to be maintained. The Bill however makes it an offence for a person to intentionally disclose false information with the knowledge that it is false.

Advertisement

Clause 4 of the Bill introduces the notion of joint liability, whereby a client of the employer may also be held liable for an occupational detriment committed under the client’s express or implied authority, or with the client’s knowledge.

The Bill will be promulgated into law after the Legislature votes in favour of it and it is signed by the President of the Republic.

INCREASE OF BCEA MINIMUM EARNINGS THRESHOLD

The Minister of Labour has made a determination, in terms of section 6(3) of the Basic Conditions of Employment Act 75 of 1997 increasing of the current earnings threshold contained with the BCEA. As of the 1st of July, the new earnings threshold is R205 433. 30.

Employees earning above the threshold will not (unless by agreement between the parties) be entitled to the full protections and benefits under the BCEA in respect of ordinary hours of work, overtime, compressed working week, averaging of hours of work, meal intervals, daily and weekly rest periods, pay for work on Sundays, night work and work on public holidays. An employee earning below the threshold will, for example, be entitled to payment for overtime worked; and for work performed on Sundays and on a public holiday on which the employee would ordinarily not be required to work.

For purposes of the threshold, “earnings” means the regular annual remuneration before deductions, i.e. income tax, pension, medical and similar payments but excluding similar payments (contributions) made by the employer in respect of the employee, provided that subsistence and transport allowances received, achievement awards and payments for overtime worked shall not be regarded as remuneration.

The effect of an increase to the threshold will be that a greater number of employees will be entitled to the protections referred to above.

Written by Jacques van Wyk, Director and Andre Van Heerden, Associate at Werksmans Attorneys

EMAIL THIS ARTICLE      SAVE THIS ARTICLE

To subscribe email subscriptions@creamermedia.co.za or click here
To advertise email advertising@creamermedia.co.za or click here

Comment Guidelines

About

Polity.org.za is a product of Creamer Media.
www.creamermedia.co.za

Other Creamer Media Products include:
Engineering News
Mining Weekly
Research Channel Africa

Read more

Subscriptions

We offer a variety of subscriptions to our Magazine, Website, PDF Reports and our photo library.

Subscriptions are available via the Creamer Media Store.

View store

Advertise

Advertising on Polity.org.za is an effective way to build and consolidate a company's profile among clients and prospective clients. Email advertising@creamermedia.co.za

View options
Free daily email newsletter Register Now