Whistleblower Protection Law Revised: Labour Tribunal to Hold Hearings in Camera

A significant revision has been introduced to the Whistleblower Protection Law, enabling labour tribunals to hold hearings behind closed doors in certain cases. This change aims to safeguard employees who have suffered detrimental action from their employers and provide greater privacy and protection for whistleblowers.

Hearings in Camera

Under the revised law, a hearing before the labour tribunal can be held in camera at the request of any party if they establish that the circumstances of the case require it. This move is expected to:

• Provide greater privacy and protection for whistleblowers who may face retaliation or intimidation from their employers
• Ensure that sensitive information remains confidential

Orders for Remedies

The labour tribunal will have the power to make an order granting a remedy specified in section 27 to the complainant if they determine that the employee has been subject to detrimental action. This could include orders such as:

• Permitting the employee to return to their duties
• Reinstating the employee or paying compensation instead
• Paying compensation equivalent to the damage suffered by the employee
• Rescinding any disciplinary actions taken against the employee
• Compensating the employee for expenses and financial losses incurred

Appeals Process

A person aggrieved by a decision of the labour tribunal under section 27 may appeal to the Grand Court within 21 days of receiving notice of the decision.

Reporting Requirements

The revised law also requires the labour tribunal to report any instances where they determine that an employee has been subjected to detrimental action to the police for investigation. This move is expected to:

• Help ensure that perpetrators are held accountable for their actions
• Support a culture of transparency and accountability

Transfer of Employees

In addition, the law allows for the transfer of employees who have made protected disclosures and believe they will be subject to detrimental action. The designated authority may transfer the employee to another civil service entity or area on terms and conditions of employment that are no less favourable overall.

These changes aim to strengthen the Whistleblower Protection Law and provide greater protection and support for employees who report wrongdoing in the workplace.