Public debate around whistleblowing often focuses on encouraging people to come forward. Much less attention is given to what happens after they do. Once retaliation begins, many whistleblowers discover that rebuilding their careers and lives is considerably harder than making the disclosure itself.

Although the Draft Protected Disclosures Bill promises stronger protection in future, it may still take several years before it becomes law. Fortunately, South African law already provides remedies for whistleblowers who suffer retaliation. Broadly speaking, the law recognises three different types of remedies. First, a whistleblower may recover the actual financial losses caused by retaliation. Second, they may claim compensation for injury to their dignity, reputational damage and emotional suffering. Third, they may claim compensation for occupational detriment, including unfair dismissals. A whistleblower is not limited to a singular remedy and may claim for a combination of the aforementioned.

The difficulty is that many whistleblowers are unaware of what they can claim for, or they mistakenly believe that compensation is limited to an unfair dismissal claim.

Recovering actual financial losses

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One of the most immediate consequences of retaliation is often financial loss. While losing a job is perhaps the most obvious example, the financial impact on a whistleblower is rarely limited to a lost income. Retirement contributions stop, medical aid may lapse, bonuses disappear and finding comparable employment can take years. In more serious cases, retaliation may force a whistleblower to relocate for their own safety, pay for temporary accommodation,...