First Published in The Bermuda Chamber Of Commerce Newsletter (Chamber Insider), November 2021
In recent years there have been a number of high-profile scandals brought to light by the actions of so-called 'whistleblowers' - individuals who make public their concerns about an organisation's wrongdoing - including Edward Snowden's revelations about the US National Security Agency and the recent 'Facebook Files' case. Often, the whistleblower is an employee of the organisation accused of the wrongdoing. Some jurisdictions have developed specific legal protections against mistreatment of such employees by their employers, including Bermuda.
In Bermuda, the relevant statutory protection is contained in the Employment Act 2000 (the "Act"). Under s.29A of the Act, protection is given to an employee who makes a 'protected disclosure'. S.29A(1) provides that:
"a person makes a protected disclosure if, in good faith, he notifies a listed person that he has reasonable grounds to believe-
(a) that his employer or any other employee has committed, is committing, or is about to commit, a criminal offence or breach of any statutory obligation related to the employer's business;
(b) that he himself has been directed, either by his employer or by one of his supervisors, to commit such a criminal offence or breach of statutory obligation; or
(c) that information tending to show any matter falling within paragraph (a) or (b) has been, is being, or is likely to be, altered, erased, destroyed...
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