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South Africa decisions
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Tanda v MEC, Department of Health (PS32/19) [2022] ZALCPE 25; (2022) 43 ILJ 2601 (LC); [2023] 1 BLLR 95 (LC) (26 August 2022)
The Labour Court held that the employee made a protected disclosure and suffered occupational detriment, ordering compensation, restoration to HR duties, and costs.
Collins v Anglogold Ashanti Tau Tona Mine and Others (JR 274/19) [2022] ZALCJHB 80 (4 April 2022)
The Labour Court dismissed a review of a CCMA award, holding that the commissioner’s inference from WhatsApp messages reasonably supported dismissal for unlawful mining involvement.
Baxter v Minister of Justice and Correctional Services and Others (DA1/2019) [2020] ZALAC 27; [2020] 10 BLLR 968 (LAC) ; (2020) 41 ILJ 2553 (LAC) (18 May 2020)
The court found that the appellant made disclosures regarding irregularities in recruitment and appointments that constituted protected disclosures under the Protected Disclosures Act. The disclosures were made in good faith, even though partly motivated by personal grievances, as the information disclosed was truthful and indicative of non-compliance with legal obligations. The disciplinary charges against the appellant were largely trivial or unsubstantiated and served as a pretext for retaliation. The dominant reason for the dismissal was the appellant’s protected disclosures, not the alle…
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Luthuli v South African National Blood Service and Another (J1914/19) [2019] ZALCJHB 296 (30 October 2019)
The Labour Court dismissed an urgent interim interdict application brought under the Protected Disclosures Act. It found no prima facie protected disclosure or causal link to the suspension.
Lephoto v National Institute for Humanities and Social Sciences and Another (JS274/16) [2017] ZALCJHB 442 (22 November 2017)
The Labour Court held that Lephoto made a protected disclosure and was dismissed for it. His dismissal was found automatically unfair, with reinstatement, compensation, and costs awarded.
RFS Administrators and Another v National Fund for Municipal Workers (NFMW) and Others (27742/2016) [2017] ZAGPPHC 255 (1 June 2017)
The High Court dismissed an exception, holding that a pension fund administrator could rely on section 9B of the Pension Funds Act and that motive may matter in public-policy challenges to contract termination.
Motingoe v Head of the Department: Northern Cape Department of Infrastructure And Public Works and Another (C373/2014) [2014] ZALCCT 71 (12 December 2014)
The Labour Court held that a departmental legal adviser made a protected disclosure about tender irregularities and that his suspension and charges were occupational detriments.
Solidarity obo Roos v South African Police Service and Others (JS1043/12) [2014] ZALCJHB 131 (22 April 2014)
The Labour Court held that a whistleblower in SAPS Crime Intelligence suffered occupational detriment and awarded compensation, redeployment relief, and costs.
Radebe and Another v Premier, Free State and Others (JA 61/09) [2012] ZALAC 15; 2012 (5) SA 100 (LAC); [2012] 12 BLLR 1246 (LAC); (2012) 33 ILJ 2353 (LAC) (1 June 2012)
The Labour Appeal Court held that the appellants made a protected disclosure under the PDA and were unfairly disciplined for whistleblowing. It ordered retrospective reinstatement and costs.
Tshishonga v Minister of Justice and Constitutional Development and Another (JS898/04) [2006] ZALC 104; [2007] 4 BLLR 327 (LC); 2007 (4) SA 135 (LC); (2007) 28 ILJ 195 (LC) (26 December 2006)
The Labour Court held that Tshishonga’s media disclosures about alleged corruption were protected under the Protected Disclosures Act and awarded compensation.
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