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Blowing the whistle in South Africa
Whistleblowing attracts high-profile media attention across the world and is a key concern for South African multi-national employers, especially in relation to the cultural attitudes, regulations and differing levels of protection across the globe, global law firm DLA Piper.
The report, 'Whistleblowing: An employer's guide to global compliance', reveals that employers must be aware of the issues of wrongdoing in the workplace and outlines the challenges for global employers seeking to minimise the risks to their business’.
Whistleblowers play an important and risky role in exposing corruption. Balanced against this are the employers’ needs not to have business interests hampered by malicious accusations. This delicate balancing act is a trend that will probably continue in the global workplace as significant cultural differences could lead to companies underestimating the compliance hurdles to implementing uniform whistleblowing policies.
The report identifies that international employers need to take a global approach to managing whistleblowing effectively and companies need to be aware of the sharp contrasts in culture between jurisdictions. This is so they can tailor their approaches to meet the demands of their global business.
Tim Marshall, partner and DLA Piper's international head of employment, says: "The cultural differences are often embedded in history, meaning that imposing universal policies and procedures is unlikely to succeed in effectively managing whistleblowing.
"Companies operating in a global business environment, with subsidiaries across a large number of jurisdictions, face a daunting challenge. However, employers who have a comprehensive policy - which meets the needs of different regimes and educates staff about their obligations - will reap the rewards."
Aadil Patel, employment partner at Cliffe Dekker Hofmeyr, a DLA Piper Africa Group firm in South Africa, states: “Recent laws have been established in South Africa on the back of a growing recognition amongst South African businesses for the need for whistleblower protection. Whistleblowing should be considered healthy for organisations because it usually means a safer option than silence."
The full report is available to download here.
