The document provides guidance on advising whistleblowers under South Africa's Protected Disclosures Act (PDA). It summarizes the goals of the PDA, which are to protect employees who report wrongdoing from retaliation, create procedures for disclosure, and prevent gagging of whistleblowers. It outlines what constitutes a protected disclosure under the PDA and the four routes of legal protection available, including wider disclosure to parties outside the organization in exceptional circumstances. It also discusses challenges with implementing the PDA and provides practical advice on issues whistleblowers should consider, such as an organization's whistleblowing policy and the reasonableness of concerns.
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Trade secret theft is a hot topic among companies today. Winston & Strawn attorneys David Enzminger, Sheryl Falk, and John Keville have successfully prosecuted trade secret cases across the US. In this dynamic presentation, these experienced attorneys shared practical advice to help you navigate your trade secret issues.
Christopher H. Dolan, Faegre Baker Daniels, Understanding Attorney Client Pri...Kevin Perry
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To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/the-federal-rules-of-civil-procedure-2020/
Trade secret theft is a hot topic among companies today. Winston & Strawn attorneys David Enzminger, Sheryl Falk, and John Keville have successfully prosecuted trade secret cases across the US. In this dynamic presentation, these experienced attorneys shared practical advice to help you navigate your trade secret issues.
Christopher H. Dolan, Faegre Baker Daniels, Understanding Attorney Client Pri...Kevin Perry
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How to Build a Dynamic Social Media PlanPost Planner
Stop guessing and wasting your time on networks and strategies that don’t work!
Join Rebekah Radice and Katie Lance to learn how to optimize your social networks, the best kept secrets for hot content, top time management tools, and much more!
Watch the replay here: bit.ly/socialmedia-plan
http://inarocket.com
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Content personalisation is becoming more prevalent. A site, it's content and/or it's products, change dynamically according to the specific needs of the user. SEO needs to ensure we do not fall behind of this trend.
Lightning Talk #9: How UX and Data Storytelling Can Shape Policy by Mika Aldabaux singapore
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8. Whistle Blowing.pptx By Akshit Jain .Akshit Jain
The presentation "Whistleblowing" delves into the ethical considerations, legal frameworks, and organizational implications surrounding the act of whistleblowing. Through a nuanced exploration of case studies, ethical dilemmas, and best practices, this presentation aims to foster understanding and promote informed decision-making for individuals and organizations faced with issues of wrongdoing and ethical breaches.
Whistleblowing In Health Care
The Ethics Of The Whistle Blower Essay
Whistleblowers Essay
The Ethics Of Whistle Blowing Essay
Essay on Whistleblowing
Consequences Of Whistleblowing
Pros And Cons Of Whistleblowing
Whistleblowing
Disadvantages Of Whistleblowing
Examples Of Whistleblowing
Whistleblowing Essay
The Ethics Of Whistle Blowing Essay
Whistleblower Essay examples
Whistle Blowing
Whistleblowing Essay
Whistle Blowing
The Treatment of Whistleblowers Essay
Whistle-Blowing In The Workplace Essay
Whistleblowing And Its Impact On Organizations
Whistle-Blowing: Enron Essay
Whistleblowing is the term used when a person passes on information concerning wrongdoing, such as corruption, sexual harassment.This can be referred to as "blowing the whistle", "making a disclosure", "making a whistleblowing report", or otherwise
Legal and cybersecurity issues in whistleblowing (Panama Papers)Benjamin Ang
This is my talk on Legal and Cybersecurity issues of Disclosure on the Internet. The Internet Society was invited to co-host this event "Unraveling the Panama Papers (and Bahamas Leaks) - Secrecy for Sale" organized by REAL Analytics Pte Ltd.
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How can we take UX and Data Storytelling out of the tech context and use them to change the way government behaves?
Showcasing the truth is the highest goal of data storytelling. Because the design of a chart can affect the interpretation of data in a major way, one must wield visual tools with care and deliberation. Using quantitative facts to evoke an emotional response is best achieved with the combination of UX and data storytelling.
Succession “Losers”: What Happens to Executives Passed Over for the CEO Job?
By David F. Larcker, Stephen A. Miles, and Brian Tayan
Stanford Closer Look Series
Overview:
Shareholders pay considerable attention to the choice of executive selected as the new CEO whenever a change in leadership takes place. However, without an inside look at the leading candidates to assume the CEO role, it is difficult for shareholders to tell whether the board has made the correct choice. In this Closer Look, we examine CEO succession events among the largest 100 companies over a ten-year period to determine what happens to the executives who were not selected (i.e., the “succession losers”) and how they perform relative to those who were selected (the “succession winners”).
We ask:
• Are the executives selected for the CEO role really better than those passed over?
• What are the implications for understanding the labor market for executive talent?
• Are differences in performance due to operating conditions or quality of available talent?
• Are boards better at identifying CEO talent than other research generally suggests?
8. Whistle Blowing.pptx By Akshit Jain .Akshit Jain
The presentation "Whistleblowing" delves into the ethical considerations, legal frameworks, and organizational implications surrounding the act of whistleblowing. Through a nuanced exploration of case studies, ethical dilemmas, and best practices, this presentation aims to foster understanding and promote informed decision-making for individuals and organizations faced with issues of wrongdoing and ethical breaches.
Whistleblowing In Health Care
The Ethics Of The Whistle Blower Essay
Whistleblowers Essay
The Ethics Of Whistle Blowing Essay
Essay on Whistleblowing
Consequences Of Whistleblowing
Pros And Cons Of Whistleblowing
Whistleblowing
Disadvantages Of Whistleblowing
Examples Of Whistleblowing
Whistleblowing Essay
The Ethics Of Whistle Blowing Essay
Whistleblower Essay examples
Whistle Blowing
Whistleblowing Essay
Whistle Blowing
The Treatment of Whistleblowers Essay
Whistle-Blowing In The Workplace Essay
Whistleblowing And Its Impact On Organizations
Whistle-Blowing: Enron Essay
Whistleblowing is the term used when a person passes on information concerning wrongdoing, such as corruption, sexual harassment.This can be referred to as "blowing the whistle", "making a disclosure", "making a whistleblowing report", or otherwise
Legal and cybersecurity issues in whistleblowing (Panama Papers)Benjamin Ang
This is my talk on Legal and Cybersecurity issues of Disclosure on the Internet. The Internet Society was invited to co-host this event "Unraveling the Panama Papers (and Bahamas Leaks) - Secrecy for Sale" organized by REAL Analytics Pte Ltd.
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Scandals can be found anywhere and magnified profoundly on social media. It can range from political candidates to consumer products, and from salacious personal conduct by corporate CEOs to environmental calamities. While King Solomon wrote “there is nothing new under the sun,” today’s limitless channels of communication exponentially might challenge that statement since messages now travel at the speed of the Internet and not on handwritten scrolls. Message that impact both the reputation of the those involved in the crisis and also can create additional legal liabilities for law firms and their clients. And since a crisis can have significant legal implications, lawyers are often involved throughout the process. Most importantly, how well a crisis is managed depends both on handling the public narrative as well as legal implications.
Brennan, Niamh and Kelly, John [2007] A Study of Whistleblowing Among Trainee...Prof Niamh M. Brennan
Over the last number of years whistleblowers have been gaining prominence. This paper investigates some of the factors that influence the propensity or willingness to blow the whistle among trainee auditors. Three categories of factors are examined: audit firm organisational structures, personal characteristics of whistleblowers and situational variables.
A survey of 240 final year students of the Institute of Chartered Accountants in Ireland was undertaken. Trainee auditors (just about to sit their finals) were asked about their confidence in internal and external reporting structures in their firms. Using four scenarios, audit trainees were questioned on their willingness to challenge an audit partner’s inappropriate response to concerns raised during the audit. Finally, audit trainees were asked about the influence of legal protection on their likelihood of whistleblowing.
Results indicate that where firms have adequate formal structures for reporting wrongdoing, trainee auditors are more likely to report wrongdoing and have greater confidence that this will not adversely affect their careers. Training increases this confidence. Trainee auditors also express a willingness to challenge an audit partner’s unsatisfactory response to wrongdoing. Significant differences were found in attitudes depending on whether the reports of wrongdoing were internal or external. The willingness to report wrongdoing externally reduces for older (aged over 25) trainees.
3. ODAC is a specialist law
centre working in the areas of
access to information, open
data and whistle blowing.
We provide legal advice and
We also provide training on
support to access public and
effective implementation of
private information through
PAIA, the PDA and open data
the Promotion of Access to
issues.
Information Act (PAIA).
We support and provide legal
advice to bona fide
whistleblowers using the
Protected Disclosures Act
(PDA).
4. Whistle-blowing:
(a) Bringing an activity to a sharp conclusion as if by the blast of a
whistle (Oxford English Dictionary); (b) Raising a concern about
malpractice within an organisation or through an independent
structure associated with it (UK Committee on Standards in Public
Life); (c ) Giving information (usually to the authorities) about illegal or
underhand practices (Chambers Dictionary); (d) Exposing to the
press a malpractice or cover-up in a business or government office
(US, Brewers Dictionary); (e) (origins) Police officer summoning
public help to apprehend a criminal; referee stopping play after a foul
in football.
5. Graphic from APS
Journalists and whistleblowers = you are
often the whistleblowers means for disclosing
information.
6.
7. Costs and similarities?
Lives lost & livelihoods destroyed
Millions in fines, compensation & insurance
Crisis management
Jobs lost & reputations ruined
Loss of confidence - public & investors
Increased regulation
8. Circumstances ? Tragedy
The official inquiries into all these disasters showed that
the staff had been aware of the danger before the
accident but had either:
(a) Been too scared to raise the alarm
(b) Had raised the matter in the wrong way or with the wrong
people
9. Department knew about death trap factory
(Mail & Guardian, 24 Nov 2000)
Witch-hunt for whistleblowers
(Mail & Guardian, 15 Mar 2002)
Minister on warpath after AIDS report leak
(Star, 21 Mar 2002)
Arms deal leak: who blew the whistle?
(Mail & Guardian, 21 Mar 2002)
Culture of silence keeps sodomy under wraps
(IOL, 18 June 2002)
Sex slaves, drugs and video tape
(Star, 18 June 2002)
Burn the evidence or your job’s on the line
(Star, 20 June 2002)
11. Globally
• Wikileaks…but what of source protection?
• Rise of whistleblowing-to-journalists facilities e.g.
Open Leaks, Green Hornet
• Leaks and the future of journalism:
“The task of aggregating and verifying multiple
sources and data depends fundamentally on trust.
Trust that the facts are accurate. Trust that
appropriate weight has been given to context. And,
make no mistake, ladies and gentleman, trust in
the journalistic profession is a scarce commodity”.
Lionel Barber
• Actually about journalism and rise of internet.
12. No-one else can be bothered?
Nothing will be done I don‟t want to be a sneak
It‟ll only cause trouble
It‟s only a suspicion
Why not just keep
quiet?
Worried by mbtphoto (Flikr)
13. I’m worried about telling
my manager:
• What if I am required to
prove it?
• How far up does it go?
• What if I am wrong?
15. Break into groups of 4 or 5
For report back, list 3 key reasons
you have seen in your environment
which might mean people won‟t blow
the whistle?
16. The South African experience
Transition to democratic rule characterised by
High levels of crime - including widespread
corruption
Whistleblowers viewed as ‘impimpis’ or informants
Leading to initiatives to promote transparency and fight
corruption including the Promotion of Access to Information
Act 2000 and the Protected Disclosures Act 2000
18. Aims:
The new law aims to provide a statutory framework which
Reassures workers with genuine concerns that there is a safe
alternative to silence
Promotes better accountability
Makes risk management an issue for all staff and managers
Helps everyone separate the message from the messenger
19. Applies to every employer and protects every employee
Wide definition of wrongdoing
Provides for financial (and other) compensation
Covers malpractice or “impropriety” which occurs outside the Republic of
South Africa
Allows disclosures of impropriety to person other than employer
Image from The University of Iowa Libraries
20. Detriment or dismissal automatically
unfair
Once you show the detriment, the employer would then
have to provide evidence that this was fair or they will
lose in the CCMA...
21. Who’s an employee?
(a) any person, excluding an
independent contractor, who
works for another person or for
the State and who receives or
is entitled to receive, any
remuneration;
(b) any other person who in
any manner assists in
carrying on or conducting the
business of an employer.
Worker by Photo by Agus Andrianto/CIFOR on Flicker
Service providers and independent contractors are not covered by the PDA. However, the
definition is far broader under the new Companies Act section 159(4).
In sub-section 4 of s159, the Companies Act extends the protections of the PDA to
• a registered trade union that represents employees of the company or another
representative of the employees of that company
• a supplier of goods or services to a company
22. The Objectives of the PDA are
to
Protect an employee from being subjected to an
“occupational detriment” on account of having made a
“protected disclosure”
Provide procedures for the disclosure of information
regarding possible malpractice
Prevent „gagging‟ of employees concerned about
malpractice
Create a workplace culture which facilitates the disclosure
of information about malpractice
23. So...what do we mean by occupational
detriment?
Any disciplinary action - including
dismissal, suspension, demotion, harassment or
intimidation
A transfer against the employee‟s will
Alteration of terms / conditions of employment to
employee‟s disadvantage...
24. Refusal of transfer or promotion
Refusal to provide reference or providing adverse
reference
Refusal of employment or appointment to office
Threatening the employee with any of the above
25. So...what would a disclosure be about?
A criminal offence or miscarriage of justice
A failure to comply with any legal obligation
A danger to health & safety or damage to the environment
Unfair discrimination
The likelihood that any of the above is, has or may occur
Deliberately concealing any of the above
26. By lawnborghini on Flickr
There are four main routes for legal
protection….
27. The Four Doors to Legal Protection: Door 1
(Clause 5)
To a legal adviser for the purpose of, or in the course
of, obtaining legal advice.
•Includes attorney, their shop steward or union organiser!
28. The Four Doors to Legal Protection: Door 2
(Clause 6)
In good faith, to the employer - and / or using a procedure
authorised by the employer, such as in a whistle-blowing
policy...preferred first step
29. The Four Doors to Legal Protection: Door 3
(Clause 8)
In good faith, to a specified regulatory body (includes Public
Protector and Auditor General)
30. The Four Doors to Legal Protection: Door 4 (Clause 7, 9)
Exceptionally
Fear of serious?
occupational
detriment?
Likely cover-up?
Wider disclosure such as to the media, made in good faith and not for personal
gain : it must be reasonable.
31. Nobody‟s perfect…
• Protective scope too small
– Only those whistleblowers who release within
a formal employment relationship
– excluding all persons in other commercial
relationships with the relevant organisation
such as customers, independent contractors
• Range of recipients too narrow
– SAHRC?
– PSAM?
32. Remedy issues:
• Resolutions of disputes are court-based
• It is only where an employer‟s retaliation
prejudices an employee‟s labour rights that the
PDA protection becomes available, and not before
then;
• The PDA provides no immunity against civil and
criminal liability arising out of the disclosure;
• There is no express obligation on organisations in
terms of the PDA to protect a whistleblower‟s
identity;
• The remedies that are available are insufficient
e.g. damages are limited to those damages in the
Labour Relations Act.
34. The 4th door:
Wider disclosure
This protection applies where the whistle-blower honestly and
reasonably believes that the information and any allegation contained in
it are substantially true and that the disclosure is not made for personal
gain. Crucially, to be protected there must also be a good cause for
going outside and the particular disclosure must be reasonable.
35. A good cause?
Concerns the act of going outside the
organisation.
The four good causes
1. the concern was raised internally or with a
prescribed regulator, but has not been properly
addressed
2. the concern was not raised internally or with a
prescribed regulator because the whistle-blower
reasonably believed he or she would be
victimised
3. the concern was not raised internally because the
whistle-blower reasonably believed a cover-up
was likely and there was no prescribed regulator,
or
4. the concern was exceptionally serious.
36. Reasonableness?
Concerns the disclosure itself.
Possible factors include:
• the identity of the person it was made to
• the seriousness of the concern
• whether the risk or danger remains
• whether the disclosure breached a duty of
confidence the employer owed a third party.
• If raised with the employer or a prescribed
regulator, the tribunal will also consider their
response. It is not enough to have a whistle-
blowing policy only – action taken must be
appropriate.
• Finally protection may be lost if the worker failed
to comply with a whistle-blowing policy if available.
37. So key things to consider…
• What is the companies whistleblower
policy?
• What are the conditions which prevent
raising it internally? Is it worth trying this
route first?
• How reasonable is the concern?
38. Recourse
A victim can refer a dispute to the
Commission for Conciliation, Mediation
and Arbitration for conciliation and
thereafter to the Labour Court.
Dismissal = unfair dismissal
Victimisation = unfair labour practice
39. Those dismissed for making a protected
disclosure can claim either compensation,
up to a maximum amount of two years
salary, or reinstatement.
Those who are disadvantaged in some
other way as a result of making a
protected disclosure can claim
compensation or ask the court for any
other appropriate order.
Green Hornet is a A user-friendly plug-and-play toolkit for African journalists to protect whistleblowers, and sources in collaboration with the Tor Project and Al Jazeera.Apply this later when we are thinking through open data.
Write these all up on flip chart paper. 10 minutes.
You must look to historical influences; all contributive – think back to the culture of secrecy in access to information.
Subtle forms of discrimination are often the most painful for a whistleblower.
Can make an anonymous disclosure, but will decrease capacity for a good follow-up.
Advice that they go accompanied with union organiser as legal representation.
This is the avenue you can provide advice on!
Talk to Nanou example.
You’ll need to consider the reasonableness if advising whether or not to report first.