NOT LETTING THEM WHISTLE: THE LABOUR APPEAL COURT’S APPROACH TO THE PROTECTED DISCLOSURES ACT AND PROTECTING PARLIAMENT’S EMPLOYEES

Abstract

The Protected Disclosures Act 26 of 2000 was passed with the aim of protecting whistleblowers in the workplace. The decision of the Labour Appeal Court in Parliament of the Republic of South Africa v Charlton (2010 31 ILJ 2353) highlights the potential shortcomings of the Act which, if interpreted in the manner suggested by this court, could deprive many whistleblowing employees of the protection that they deserve. This article suggests that the Labour Appeal Court failed to have proper regard to the objectives of the Protected Disclosures Act, the essential principles contained in the Constitution and, more particularly the Bill of Rights as well as international
law. If it had, it would have been compelled to conclude that the Protected Disclosures Act can and should be interpreted as applying to disclosures concerning the misconduct of Members of Parliament by the employees of Parliament.