In Australia, we are seeing more frequent complaint activity by alleged whistleblowers. Managing these complaints can be challenging for businesses, particularly when combined with the protections given by other legislation.
The whistleblower protection provisions in the Corporations Act 2001 (Corporations Act) were substantially amended with effect from 1 July 2019.
The legislation applies to all corporate entities doing business in Australia, with additional obligations for big business and listed entities. Very substantial criminal and civil liabilities can be incurred for contraventions, such as not having or publishing a relevant policy, breaching the confidence of a whistleblower’s identity or exposing or threatening to expose a whistleblower to any kind of detriment.
Last week, in part one of this two-part series, Partner Andrew Tobin, Senior Associate Adele Garnett and Solicitor Phoebe Kenafake reported on Australian Securities and Investment Corporation (ASIC) and case developments in the whistleblower protection regime.
But most of the relevant news isn’t in the reported cases.
Current whistleblowing complaint trends
We are seeing more frequent complaint activity by alleged whistleblowers – with the associated statutory protection from 'detriment’ – to lever for better financial outcomes in employment-termination scenarios. These complaints can present significant management challenges when you combine them with the protections provided by other legislation in...
U.S. President Donald Trump said Wednesday that Iran had agreed not to execute eight women protesters, while Iranian officials and the judiciary denied any such executions had been planned and des...