The Protected Disclosures Act protects employees who report fraud, corruption, or illegal activity from dismissal, demotion, and victimisation. Dismissal of a whistleblower is automatically unfair.
FreeSouth African Law2 related guides
Direct Answer
The Protected Disclosures Act 26 of 2000 protects employees who disclose information about criminal offences, violations of law, health and safety hazards, or corrupt conduct by their employer. Any dismissal, demotion, or victimisation because of a protected disclosure is automatically unfair under the LRA and actionable without proof of standard unfair dismissal requirements.
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“No employee may be subjected to an occupational detriment on account of having made a protected disclosure.”
Labour Relations Act 66 of 1995
Section 187(1)(h)
“A dismissal is automatically unfair if the reason for the dismissal is that the employee made a protected disclosure as defined in the Protected Disclosures Act.”
What to Do
Step-by-Step Guide
1Make your disclosure to the right person. Internal disclosure to your employer is the first step. If that is not possible (because they are implicated), disclose to the relevant regulatory authority.
2Keep your disclosure in writing so you can prove what you reported, to whom, and when.
3If victimised or dismissed as a result, refer an automatically unfair dismissal dispute to the CCMA within 30 days. No need to prove the dismissal was unfair — the employer must prove it was not related to the disclosure.
4Compensation for automatically unfair dismissal due to whistleblowing can be up to 24 months' remuneration.
What to Say
Exact Words to Use
“"I have made a protected disclosure under the Protected Disclosures Act. Any dismissal, demotion, or adverse action against me as a result would be automatically unfair under Section 187(1)(h) of the LRA. I will refer any such action to the CCMA immediately."”
Tone: In writing to your employer — before or after the disclosure
Now practise saying it. The Advocate has a scenario that walks you through exactly this situation — phrase by phrase, with audio playback and a practice drill. Free to try.
Not always. If your employer is implicated, or if internal disclosure would not be safe or effective, you can disclose directly to a regulatory body (e.g., the Public Protector, SAPS, SIU, sector-specific regulator). External disclosure is fully protected if made in good faith.
Get Help Now
Resources & Helplines
Public Protector
0800 112 040
Report government corruption and maladministration.
CCMA
0861 16 2616
Refer automatically unfair dismissal of whistleblowers.
Knowing the law is step one. The Advocate trains you to use it — with 149 real South African scenarios, exact rebuttals, law references, and Scripture. Free to start.