Confidentiality clauses in employment contracts require an employee to keep certain information confidential. This information can include things like trade secrets, proprietary information, trade secrets, customer lists, pricing information, financial data, and other sensitive data. Confidentiality clauses are typically included in contracts to protect the employer’s interests, they help to ensure that an employee does not disclose sensitive information that could harm the employer.
Section 37(3)(a)(i) of ELRA describes that an employee can disclose information which is required to be disclosed to another person in accordance with the law. Basically, an employee can disclose information if it is necessary to report illegal activity or to protect public health and safety. Additionally, some contracts may include a “whistleblower” exception, which allows an employee to disclose information if they believe the employer is engaging in illegal or unethical activity.
If the employer wishes to ensure that the employee exercises discretion and maintains confidential the employer’s work practices or policies, then an appropriate clause should be included in the contract of employment.
Irrespective of any such clause, the employee is allowed to disclose information that he or she is entitled or required to disclose to another person in terms of the ELRA or in terms of any other law and such disclosure will not be considered a fair reason for termination of employment.