ARTICLE · 20 JUNE 2012

Employment highlights - An update on protection for whistleblowing

Norton Rose Fulbright Australia

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The Public Interest Disclosure Act protects workers who report malpractices by their employers or third parties.

AustraliaEmployment and HR

Claire Darbourne

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Introduction

The Public Interest Disclosure Act 1998 ("PIDA") came into force on 2nd July 1999 and provides protection for workers who report malpractices by their employers or third parties. There has been a steady rise in cases due to a growing awareness of the legislation and a change in workplace culture. This, combined with the fact that there is no financial cap on compensation in whistleblowing claims and no requirement for a minimum period of service, means that whistleblowing has become a fertile area for employment litigation. Since the introduction of PIDA, there have been many cases concerning its interpretation. This edition of Employment Highlights looks at the approach taken by the courts in recent decisions and what steps employers should take in relation to whistleblowing claims.

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