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Côte d’Ivoire Enacts Whistleblower Protection Laws

In a significant move to safeguard employees who speak out against wrongdoing in the workplace, Côte d’Ivoire has enacted new whistleblower protection laws. The laws aim to prevent employers from retaliating against employees who report violations of law or regulations.

Definitions

• An employee is defined as any person employed full-time or part-time by an employer, including contract workers and volunteer firefighters.
• An employer is defined as any person, partnership, association, corporation, or other business entity, including government departments and agencies.

Protection from Retaliation

A whistleblower is protected from retaliation if they:

• Report a violation of law or regulation to a public body
• Participate in an investigation or hearing related to the alleged violation
• Refuse to commit or assist in the commission of a violation
• Report noncompliance with laws or regulations to their employer or supervisor

Relief and Damages

The laws provide for relief and damages for employees who have been retaliated against. An employee can bring a civil action for:

• Declaratory relief
• Actual damages
• Both, within three years after the alleged violation

The court may order:

• Reinstatement of the employee
• Payment of back wages
• Expungement of records related to the disciplinary action
• Other remedies

Exemptions

The laws provide that they shall not be construed to diminish or impair the rights of employees under collective bargaining agreements. Additionally, employers are exempt from compensating employees for participation in investigations, hearings, or inquiries held by public bodies.

Burden of Proof

Under the new laws, the burden of proof is on the employee to show that the primary basis for the discharge, threats, or discrimination was their whistleblowing activity.

By implementing these whistleblower protection laws, Côte d’Ivoire aims to create a safer and more transparent work environment where employees feel empowered to speak out against wrongdoing without fear of retaliation.