Whistle-blower law tabled
Published:Saturday | June 12, 2010 | 12:00 AM
Philip Hamilton, Gleaner Writer
ATTORNEY GENERAL Dorothy Lightbourne tabled whistle-blower legislation yesterday in the Upper House.
The proposed law, which seeks to protect employees disclosing important information from being subjected to harassment and job dismissals, will be debated at the next sitting.
The bill, which is called the Protected Disclosures Act, is intended to facilitate and encourage disclosures of improper conduct in the public interest, and is said to be a critical component of the Government's plan to tackle organised crime.
During last Tuesday's sitting of Parliament, Prime Minister Bruce Golding advised members that the Senate would be debating legislation that would provide avenues for the disclosure of information on corrupt activities.
The bill provides persons making protected disclosures immunity from civil and criminal proceedings, in addition to prohibiting employers from unfair dismissals of employees making such disclosures.
employees' recourse
Under Section 17 of the proposed act, employers, as well as other persons to whom employees are entitled to make disclosures, are obligated to conduct investigations, as well as make recommendations regarding the measures to be taken.
Employees making protected disclosures who believe they are subject or likely to face unfair job dismissals can seek recourse through the Supreme Court by filing an injunction, as well pursuing claims against employers for job reinstatement, as well as damages.
The act allows protected disclosures to be made to prescribed persons and commissions such as the auditor general, the commissioner of police, commission for the prevention of corruption, the children's advocate, the public defender, the contractor general, the director of public prosecutions and the Fair Trading Commission.
Under Section 21 Subsection 2 of the act, employers found guilty of intimidating or preventing employees from making protected disclosures can be fined up to $2 million upon conviction in a Resident Magistrate's Court, as well as up to two years' imprisonment.