The Protected Disclosures Act, or “The Protection of Whistleblowers” Act was designed to provide avenues and protections to employees exposing misconduct, criminal activities and things that are a threat to the public.
At the heart of the Act lies the concept of a “protected disclosure” – information disclosed by an employee in good faith, believing it to be in the public interest. This differs from standard HR complaints, which primarily address individual employee grievances. Under this act, employers should develop clear policies for reporting, investigating, and responding to disclosures, provide comprehensive training to all employees, and ensure thorough and impartial investigations with appropriate support for the disclosing employee.
With the Act only being in force for almost 2 years, case law is still emerging. Cases will help clarify the interpretation and application of various aspects of the Act, such as the definition of “serious wrongdoing,” the boundaries of “good faith,” and the appropriate level of protection for disclosing employees.
However, bigger challenges are still emerging with many employers confusing which disclosures need to be handled under the Protected Disclosure Act and those which fit under standard HR processes. This has caused a grey area in the law and confusion for those at the coal face. As case law emerges from cases being tried in the courts, policies and procedures must evolve to keep pace with this law.
Staying informed is crucial. Stay ahead and learn about the Act and the policies that your organisation should have in place to safeguard you, your organisation and your employees.
