The Protected Disclosures Act 2000 encourages employees to disclose and report information about serious wrongdoing in the workplace. This Act provides protection for these employees from criminal and legal retribution, and outlines the internal procedure to be followed when investigating the matter.
What protection does the Protected Disclosures Act of 2000 guarantee to an employee?
Purpose of the Act
The purpose of the Protected Disclosures Act, 2000, is to provide procedures and to offer protection. The Act provides procedures in terms of which any employee may disclose information relating to an offence or a malpractice in the workplace by his or her employer or fellow employees.
What protection does the Protected Disclosures Act of 2000 guarantee to an employee who engages in an act of whistleblowing?
Understood and applied effectively, the new legislation known as the Protected Disclosures Act no 26 of 2000 will help to deter and detect wrongdoing in the workplace, acting as an early- warning mechanism to prevent impropriety and corruption within the public sector.
Who is covered by Protected Disclosures Act?
The Protected Disclosures Act (PDA)
The Act applies to people in both the public and private sectors; however, while the PDA is aimed at employees, it excludes volunteers and independent contractors.
What is a protected disclosure policy?
A Protected Disclosure involves the disclosure of information which, in the reasonable belief of the worker making the disclosure, shows that one or more of the following relevant wrongdoings has been committed or is likely to be committed: Unlawful or improper use of public funds or resources.
What is Protection of Personal Information Act?
Essentially, the purpose of the Protection of Personal Information Act (POPIA) is to protect people from harm by protecting their personal information. To stop their money being stolen, to stop their identity being stolen, and generally to protect their privacy, which is a fundamental human right.
What is the purpose of the Protection of Personal Information Act 2013 of South Africa?
to provide for the rights of persons regarding unsolicited electronic communications and automated decision making; to regulate the flow of personal information across the borders of the Republic; and. to provide for matters connected therewith.
How does the Protected Disclosure Act protect whistleblowers?
The relevant legislation is the Protected Disclosures Act 2000, which created a category of legally protected disclosures whereby “no employee may be subjected to any occupational detriment by his or her employer on account, or partly on account, of having made a protected disclosure”.
What is whistleblowing and why is it important?
Whistleblowing is where a worker reports wrongdoing, most frequently discovered at work, in order to protect the public. … Whistleblowing is incredibly important as it stops companies from operating as they please, without regard for others. The practice promotes transparency, compliance and fair treatment.
What does PIDA protect the whistleblower from?
What is PIDA? The Public Interest Disclosure Act 1998, shortened to PIDA, is the law that protects whistleblowers from negative treatment or unfair dismissal. It is part of the Employment Rights Act 1996 (ERA).
What are the requirements for a disclosure to be protected?
any form of reprisal, which is detriment being caused by another person because they made the disclosure, including:
- injury in their employment.
- discrimination between them and other employees.
- harassment or intimidation.
- harm or injury (including psychological injury)
- damage to property.
- damage to reputation.
Is a grievance a protected disclosure?
The contents of a grievance can, depending on the specific facts, also amount to a whistleblowing disclosure, referred to throughout this article as a “protected disclosure”.
What are the three types of whistleblowing?
Types of Whistleblower Fraud
- Healthcare Fraud (Medicare and Medicaid)
- Pharmaceutical Fraud.
- IRS Tax Fraud.
- Government Contractor and Defense Contractor Fraud.
- Foreign Bribery and Corruption (FCPA)
- Securities Fraud.
- Education Fraud.
- Procurement Fraud.
What is a protected disclosure UK?
What is a protected disclosure? To qualify for protection, you must have a “reasonable belief ” that a wrongdoing has occurred, or is likely to incur, and that it is not in the public interest. It is not necessary for the wrongdoing to have actually occurred, but that you believe it to be true.
Can an employee be fired for whistleblowing?
No. Under the laws of most states, it is illegal for an employer to retaliate against a whistleblower who has reported, or attempted to report, the illegal conduct of the employer.
Can a protected disclosure be made anonymously?
Yes, a disclosure may be made anonymously. It should be noted that a disclosure made anonymously may potentially, of itself, present a barrier to the effective internal investigation of the matter reported on.