WHISTLE BLOWING.
What a protected disclosure?
In 2022 Aotearoa New Zealand made a special law that is designed to facilitate the disclosure and timely investigation of serious wrongdoing in or by an organisation, and protect the people who disclose information.
THIS INCLUDES WORKPLACES.
Protected Disclosures (a.k.a Whistle Blowing) are an incredibly serious matter. Often, workers and employees who are considering a protected disclosure are doing so because they have observed serious wrongdoing in the workplace, in the community around the workplace, or during interactions with other organisations.
Employers pay other organisations to protect them from risks the employer is taking by silencing employees during a protected disclosure. Often these other organisation's are private investigation agencies who are paid to collect dirt on employees or workers, or likely employer paid law firms who use a series of techniques to close down matters in a protected disclosure.
Subsequently, a protected disclosure must be handled very carefully by an employee or worker to protect the worker.
Serious wrongdoing is a very wide definition, those experiencing or observing it are likely to experience:
Anxiety.
Stress.
Fatigue.
Burnout.
Decreased emotional wellbeing.
Feelings of reduced personal control and helplessness.
Increased likelihood of drug and alcohol abuse.
Serious physical and mental health issues.
Deterioration in health.
Post traumatic stress disorder.
Low self-esteem.
Reduced coping strategies.
Interpersonal problems such as relationship breakdowns.
A sense of disbelief in their values.
A sense of conflict with their meaning and purpose.
A sense of helplessness.
Aggression or belittling from their employer and their managers.
A PROTECTED DISCLOSURE ARISES WHEN A WORKER SEES SERIOUS WRONGDOING AND WANTS TO RAISE IT WITHOUT THE THREAT OF DISMISSAL.
What is serious wrongdoing?
We all know when something is not right. Some of you reading this right now know that the law is not being enforced because people are too afraid of losing their jobs. Making a protected disclosure of serious wrongdoing ends the cycle of fear.
Serious wrongdoing includes:
An offence.
A serious risk to the health or safety of the public or an individual.
A serious risk to the maintenance of the law.
Unlawful, corrupt or irregular use of public funds or resources.
Oppressive, discriminatory or grossly negligent acts, or gross mismanagement by a public sector employee or a person performing a public function.
Under the Protected Disclosures (Protection of Whistleblowers) Act 2022 you can report serious wrongdoing in both public and private sector workplaces. Have you seen serious wrongdoing?
If you are seeing serious wrongdoing it is a serious matter and should be treated as such, in this instance HR are not your friend. HR's job as the employer's representative will be to ensure that you cannot bring a claim in this matter. Given that this is not a new problem, but is a new area of law, you will need assistance to bring your claim to the attention of the relevant authorities, and confidentiality in matters when discussing them.
If you or someone you know is wondering what to do with information of serious wrongdoing, then any delay in seeking the right advice can hurt any chances of preventing the matter from becoming increasingly serious. It may even prevent raising the matter. WFW does not pull any punches when it comes to stopping serious wrongdoing and raising matters of, or matters related to serious wrongdoing.
WFW understands that it is hard to trust anyone when you are observing serious wrongdoing in your workplace or your community. Often, experiencing serious wrongdoing leaves people feeling jaded, isolated, alone, and questioning everything they believe.
You are not alone. WFW advocates have the skills and expertise to help you out bullying and restore balance to the situation. WFW advocates are well known for fighting serious wrong doing in the community and are trained in outing the problem and holding authorities feet to the fire to make sure your claim is dealt to in a sound and timely manner.
No matter how bleak it seems, there are ways and means of dealing to it. Please contact us today to discuss the matter and start turning things around.
There have been some outstanding examples of good workers doing the right thing in Aotearoa New Zealand when it comes to whistle blowing.
In 2022 a number of workers raised protected disclosurers about the abuse of the Accredited Employer Work Visa application with the Public Service Commission the result was a Public Service Commission review of the Accredited Employer Work Visa scheme's processes.
A number of worker raised the matter after they were told to approve immigration visa's in a manner no befitting the regulations and the law.
The protected disclosurers also came after it was identified that a number of employers were exploiting the accrediated employer work visa scheme.
NOT REPORTING SERIOUS WRONGDOING CAN LEAD TO DEATHS.
The other side of not engaging in a protected disclosure is the harm that is caused. Companies like AFFCO New Zealand Limited have had a number of serious harm incidents and deaths that likely could have been avoided had workers blown the whislte on the company and forced the company to change its practices.
Here is a quick search of Talley's Affco Deaths:
As you can see, companies that have no engineering controls on plant, or have controls that don't prevent death and injury will keep doing the same thing over and over again unless its reported. Protected Disclosurers are the way to report serious wrongdoing without harm to your employment.
NOT REPORTING SERIOUS WRONGDOING CAN LEAD TO FINANCIAL FAILURE.
It's not just Health and Safety matters that need reporting. Financial services workers who observe incorrect reporting also may want to consider the value of a protected disclosure.
Those employees likely did not take the option of raising the matter as a protected disclosure and subsequently their chances to protect their employment were damaged.
Raising a serious wrongdoing with a properly planned protected disclosure in the right way will protect your employment whilst outing the problem in a way that can make change for the better.
A ORGANISATION WHO RECEIVES A PROTECTED DISCLOSURE MUST RESPOND WITHIN TWENTY (20) WORKING DAYS.
Within twenty (20) working days of receiving a protected disclosure, the receiver of the disclosure should take actions pursuant to the fundamental lawful requirments provided in s. 13 of the Protected Disclosures (Protection of Whistle Blowers) Act 2022.
First, the organisation needs to acknowledge to the discloser the date the disclosure was received (and, if the disclosure was made orally, summarise the receiver’s understanding of the disclosure).
Then the organisation needs to consider the disclosure and whether it warrants investigation.
After consideration, the organisation needs check with the discloser whether the disclosure has been made elsewhere (and any outcome).
The the organisation then needs to deal with the matter by doing one (1) or of the following:
Begin investigating the disclosure by addressing any serious wrongdoing by acting or recommending action referring the disclosure (under section 16): or
Deciding that no action is required (under section 15).
The organisation needs to then inform discloser (with reasons) about what the receiver has done or is doing to deal with the matter by:
Inform the discloser how long the receiver expects to take to deal with the matter; and
Appropriately update the discloser about progress; and
deal with the matter; and
Inform the discloser (with reasons) about what the receiver has done or is doing to deal with the matter in accordance with the legislation.
The regulation is very prescribed in this way. It is important that this is done formally and in compliance with the Act.
If you or someone you know is considering reporting serious wrongdoing in their workplace or in their employment, then any delay in seeking the right advice can hurt any chances when it comes to raising the matter.
Working For Workers does not pull any punches when it comes to stopping serious wrongdoing and raising matters of, or matters related to serious wrong doing.
Working For Workers understands that it is hard to trust anyone when you come across serious wrongdoing in the workplace.
Often, the experience of serious wrongdoing leaves people feeling jaded, isolated and alone.
You are not alone.
Working For Workers advocates and representatives have the skills and expertise to help you out and restore balance to the situation.
No matter how bleak it seems, there are ways and means of dealing with serious wrongdoing in the workplace.
Please contact us today to discuss the matter and start turning things around for you in the workplace.