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Employers Must Provide Clear Information on Reporting Procedures

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In an effort to promote transparency and accountability, employers are now required to provide clear and easily accessible information on the procedures applicable to making reports. This move aims to ensure that employees feel comfortable reporting any wrongdoing or concerns without fear of retaliation.

New Regulations

Under the new regulations, employers must:

  • Acknowledge reports made by employees within seven days
  • Provide feedback on actions taken or planned within three months
  • Give employees information on the final outcome of any investigations

Protected Disclosures Commissioner

The Office of the Protected Disclosures Commissioner is another avenue for employees to report wrongdoing anonymously or otherwise. The Commissioner will:

  • Generally acknowledge a report within seven days
  • Identify a prescribed person or suitable person to follow up on the disclosure
  • Provide feedback on actions taken or planned, as well as information on the final outcome of any investigations

Redress for Employees

Employees who make protected disclosures are protected against being penalized or punished in any way. If an employee is dismissed or experiences unfair treatment due to making a report, they may be eligible for compensation up to five years’ pay. The motivation behind making the disclosure can affect the level of compensation awarded.

Penalties and Appeals

Employers who penalize employees for making protected disclosures can face penalties, including being banned from penalizing or threatening to penalize them. If an employee is penalized or threatened, they can:

  • Make a complaint to the Workplace Relations Commission using the online complaint form
  • Appeal decisions made by the adjudicator to the Labour Court
  • Further appeals can be made to the High Court

Civil Actions

The 2014 Act provides immunity from most civil actions for damages, meaning employees cannot be successfully sued for making protected disclosures. However, they can sue individuals who cause detriment due to a report being made.

Seeking Information and Advice

Employees seeking information on their rights and entitlements under employment legislation can:

  • Contact the Workplace Relations Commission
  • Independent and confidential advice is available through the “Speak Up” helpline at 1800 844 866
  • The Transparency Legal Advice Centre provides free legal advice to anyone who wants to disclose wrongdoing

Reporting a Concern or Making a Protected Disclosure

Employees can submit reports to the Office of the Protected Disclosures Commissioner by:

  • Email
  • Post
  • Phone
  • They can also read the Commissioner’s FAQs for more information.