Commentary

F. Publicity: the general case

Division CIII Whistleblowing
| Commentary

F. Publicity: the general case

| Commentary

F.     Publicity: the general case

A qualifying disclosure made by a worker to persons other than the above may become a protected disclosure if it is reasonable in all the circumstances for the worker to make that disclosure to that person, and provided certain other conditions are satisfied (ERA 1996 s 43G).

There are three instances where a worker may properly contemplate making their concerns known more widely (s 43G(2)):

  1.  

    (a)     where they reasonably believes that they will be victimised by their employer if they tell the employer or a prescribed person within case (d) above;

  2.  

    (b)     where there is nobody to tell under case (d) and the worker reasonably believes that the evidence will be concealed or destroyed if they tell the employer;

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