19/10/2026
| | Industrial Development Corporation v Modika: Can a protected disclosure stop a disciplinary hearing?
When an employee claims to be a whistleblower, can an employer continue with disciplinary proceedings?
In the latest episode of CDH Conversations, Thabang Rapuleng, Counsel, and Thato Makoaba, Associate in the Employment Law practice, explore the Labour Appeal Court’s judgment in Industrial Development Corporation of South Africa v Modika, which provides important guidance on protected disclosures, disciplinary proceedings, and section 188A(11) of the Labour Relations Act.
The discussion unpacks when an employee may require a pre-dismissal arbitration instead of an internal disciplinary hearing, why not every workplace grievance qualifies as a protected disclosure, and the importance of establishing a link between the disclosure and the alleged occupational detriment.
Click the link in the bio to listen to the podcast as they discuss:
- When a protected disclosure may affect ongoing disciplinary proceedings.
- The role of the CCMA and other authorised bodies in accepting section 188A(11) referrals.
- Why employers should investigate complaints and maintain a clear record of events.
- The circumstances in which courts may intervene in ongoing disciplinary proceedings.