Commentary

C. The six statutory categories

Division CIII Whistleblowing
| Commentary

C. The six statutory categories

| Commentary

C.     The six statutory categories

The Act sets out six categories of 'failure' to which the information must relate if the disclosure is to be one qualifying for protection (ERA 1996 s 43B(1)(a) to (f)). The categories of failure are as follows:

  1.  

    (a)     that a criminal offence has been committed, is being committed or is likely to be committed,

  2.  

    (b)     that a person has failed, is failing or is likely to fail to comply with any legal obligation to which he is subject,

  3.  

    (c)     that a miscarriage of justice has occurred, is occurring or is likely to occur,

  4.  

    (d)     that the health and safety of any individual has been, is being or is likely to be endangered,

  5.  

    (e)     that the environment has been, is being or is likely to be damaged, or

  6.  

    (f)     that information tending to show any matter falling within any one of the preceding paragraphs has been, or is likely to be deliberately

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