Alex What legislation relates to whistleblowing?
Whistleblowing law is located in the Employment Rights Act 1996 (as amended by the Public Interest Disclosure Act 1998). It provides the right for a worker to take a case to an employment tribunal if they have been victimised at work or they have lost their job because they have ‘blown the whistle’.
When did the whistle blowing Act come into force?
The Constitution broadly sets out sections that offer whistle blowers protection: The PDA is the central South African whistleblowing legislation, and is also known as the Whistleblowing Act. The PDA came into force in February 2001 and was amended in 2017.
How does the Paha apply to whistle blowers?
The PAHA is applicable and useful to whistle blowers who get harassed as a result of whistleblowing. Harassment under the PAHA is defined as “directly or indirectly engaging in conduct that the harasser knows or ought to know causes harm or inspires the reasonable belief that harm may be caused to the complainant or a related person”.
What happens if there is a confidentiality clause in a whistle blowers contract?
If the whistle blowers’ employment contract or severance agreement contains a confidentiality clause, then this clause becomes void insofar as it conflicts with the PDA’s protection. The manner of a disclosure is irrelevant for the purposes of determining whether a disclosure was made.
How are whistle blowers protected under the PDA?
Under the PDA, individuals can make a protected disclosure to one of the following people, provided they otherwise meet the PDA’s requirements: The protection provided by the PDA is aimed at preventing acts causing occupational detriment to the whistle blower. These acts include dismissal, suspension, harassment and intimidation.
Can a public authority not be subject to FOIA?
Information held by public authorities that is not subject to FOIA in this way is often referred to as ‘derogated information’. 21. A public authority which the Secretary of State adds to Schedule 1 by order under section 4 may be listed only in relation to information of a specified description.
When to delete information from a FOIA request?
To the extent required to prevent a clearly unwarranted invasion of personal privacy, an agency may delete identifying details when it makes available or publishes an opinion, statement of policy, interpretation, staff manual, instruction, or copies of records referred to in subparagraph (D).
Is it illegal to retaliate against a whistleblower?
Are whistleblowers protected from retaliation? Yes. The Whistleblower Protection Act prohibits retaliation. This means it is unlawful for agencies to take or threaten to take a personnel action against an employee because he or she disclosed wrongdoing.
Can a person be fired under the Whistleblower Protection Act?
Yes. The Whistleblower Protection Act prohibits retaliation. This means it is unlawful for agencies to take or threaten to take a personnel action against an employee because he or she disclosed wrongdoing. Personnel actions can include a poor performance review, reassignment, demotion, suspension, or termination.