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Protected Disclosures Act, 2000 (Act No. 26 of 2000)

6. Protected disclosure to employer

 

(1) Any disclosure made in good faith—
(a) and substantially in accordance with any procedure authorised by the employee’s or worker's employer for reporting or otherwise remedying the impropriety concerned and the employee or worker has been made aware of the procedure as required in terms of subsection (2)(a)(ii); or
(b) to the employer of the employee or worker, where there is no procedure as contemplated in paragraph (a),

is a protected disclosure.

 

(2)
(a) Every employer must—
(i) authorise appropriate internal procedures for receiving and dealing with information about improprieties; and
(ii) take reasonable steps to bring the internal procedures to the attention of every employee and worker.

 

(b) Any employee or worker who, in accordance with a procedure authorised by his or her employer, makes a disclosure to a person other than his or her employer, is deemed, for the purposes of this Act, to be making the disclosure to his or her employer.

 

[Section 6  substituted by section 6 of Notice No. 768, GG 41016, dated 2 August 2017]