In this Act, unless the context otherwise indicates—
"business"
includes the whole or part of any business, trade, undertaking or service;
[Definition inserted by section (1)(a) of Notice No. 768, GG 41016, dated 2 August 2017]
"disclosure"
means any disclosure of information regarding any conduct of an employer, or of an employee or of a worker of that employer, made by any employee or worker who has reason to believe that the information concerned shows or tends to show one or more of the following:
| (a) |
That a criminal offence has been committed, is being committed or is likely to be committed; |
| (b) |
that a person has failed, is failing or is likely to fail to comply with any legal obligation to which that person is subject; |
| (c) |
that a miscarriage of justice has occurred, is occurring or is likely to occur; |
| (d) |
that the health or safety of an individual has been, is being or is likely to be endangered; |
| (e) |
that the environment has been, is being or is likely to be damaged; |
| (f) |
unfair discrimination as contemplated in Chapter II of the Employment Equity Act, 1998 (Act No. 55 of 1998), or the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act No. 4 of 2000); or |
| (g) |
that any matter referred to in paragraphs (a) to (f) has been, is being or is likely to be deliberately concealed; |
[Definition substituted by section (1)(b) of Notice No. 768, GG 41016, dated 2 August 2017]
"employee"
means—
| (a) |
any person, excluding an independent contractor, who works or worked for another person or for the State, and who receives or received, or is entitled to receive, any remuneration; and |
| (b) |
any other person who in any manner assists or assisted in carrying on or conducting or conducted the business of an employer; |
[Definition substituted by section (1)(c) of Notice No. 768, GG 41016, dated 2 August 2017]
"employer"
means any person—
| (a) |
who employs or provides work for any other person and who remunerates or expressly or tacitly undertakes to remunerate that other person; or |
| (b) |
who permits any other person in any manner to assist in the carrying on or conducting of his, her or its business, including any person acting on behalf of or on the authority of such employer; |
"impropriety"
means any conduct which falls within any of the categories referred to in paragraphs (a) to (g) of the definition of "disclosure", irrespective of whether or not—
| (a) |
the impropriety occurs or occurred in the Republic of South Africa or elsewhere; or |
| (b) |
the law applying to the impropriety is that of the Republic of South Africa or of another country; |
"Minister"
means the Cabinet member responsible for the administration of Justice;
"occupational detriment"
in relation to an employee or a worker, means—
| (a) |
being subjected to any disciplinary action; |
| (b) |
being dismissed, suspended, demoted, harassed or intimidated; |
| (c) |
being transferred against his or her will; |
| (d) |
being refused transfer or promotion; |
| (e) |
being subjected to a term or condition of employment or retirement which is altered or kept altered to his or her disadvantage; |
| (f) |
being refused a reference. or being provided with an adverse reference, from his or her employer; |
| (g) |
being denied appointment to any employment, profession or office; |
| (h) |
being subjected to any civil claim for the alleged breach of a duty of confidentiality or a confidentiality agreement arising out of the disclosure of— |
| (i) |
a criminal offence; or |
| (ii) |
information which shows or tends to show that a substantial contravention of, or failure to comply with the law has occurred, is occurring or is likely to occur; |
| (i) |
being threatened with any of the actions referred to in paragraphs (a) to (h) above; or |
| (j) |
being otherwise adversely affected in respect of his or her employment, profession or office, including employment opportunities, work security and the retention or acquisition of contracts to perform work or render services; |
[Definition substituted by section (1)(d) of Notice No. 768, GG 41016, dated 2 August 2017]
"organ of state"
means—
| (a) |
any department of state or administration in the national or provincial sphere of government or any municipality in the local sphere of government; or |
| (b) |
any other functionary or institution when— |
| (i) |
exercising a power or performing a duty in terms of the Constitution or a provincial constitution; or |
| (ii) |
exercising a public power or performing a public function in terms of any legislation; |
"prescribed"
means prescribed by regulation in terms of section 10;
"protected disclosure"
means a disclosure made to—
| (a) |
a Iegal adviser in accordance with section 5; |
| (b) |
an employer in accordance with section 6; |
| (c) |
a member of Cabinet or of the Executive Council of a province in accordance with section 7; |
| (d) |
a person or body in accordance with section 8; or |
| (e) |
any other person or body in accordance with section 9, |
but does not, subject to section 9A, include a disclosure—
| (i) |
in respect of which the employee or worker concerned commits a criminal offence by making that disclosure; or |
| (ii) |
made by a legal adviser to whom the information concerned was disclosed in the course of obtaining legal advice in accordance with section 5; |
[Definition substituted by section (1)(e) of Notice No. 768, GG 41016, dated 2 August 2017]
"temporary employment service"
means any person who, for reward, procures for or provides to a client other persons who—
| (a) |
render services to, or perform work for, the client; and |
| (b) |
are remunerated by the temporary employment service; |
[Definition inserted by section (1)(f) of Notice No. 768, GG 41016, dated 2 August 2017]
"this Act"
includes any regulation made in terms of section 10.
"worker"
means—
| (a) |
any person who works or worked for another person or for the State; or |
| (b) |
any other person who in any manner assists or assisted in carrying on or conducting or conducted the business of an employer or client, as an independent contractor, consultant, agent; or |
| (c) |
any person who renders services to a client while being employed by a temporary employment service |
[Definition inserted by section (1)(g) of Notice No. 768, GG 41016, dated 2 August 2017]
Older Persons Act, 2006
