Law and Modern Corporation in International Context Whistleblowing

The PIDA modified the ERA, which legally protected workers from detriment resulting from revealing information about crimes, legal obligation violations, dangers to health and safety, and miscarriage of justice. In this context, the dismissal of an employee has deemed unfair dismissal and not a detriment.
Such protection does not require completion of a specific period of employment. The requirements are. to act in good faith, to be convinced that the allegation is true, and the presence of reasonable grounds to believe in the veracity of the information disclosed.
Moreover, this Act describes whistleblowing as the disclosure of information regarding previous, current or perceived misconduct that has to be addressed with respect to criminal offence, noncompliance with legal obligations, miscarriages of justice, danger to the health and safety of any person, harm to the environment, or attempts to conceal any of these.
The confidentiality or gagging clauses, in employment contracts or severance agreements that conflict with the PIDA, are void. PIDA protection can apply even to those governed by the Official Secrets Act.
As such, disclosures are protected by the law, only if they are made to the appropriate entity and in the prescribed manner. The law protects an employee who makes a qualified disclosure to his employer in good faith, or via the authorized procedures of the employer. Moreover, the employee can complain to the person responsible for an employee’s area or work.
Moreover, Section 43G of the ERA permits workers to make protected disclosures under certain circumstances. Such protection is accorded if the workers act in good faith. They reasonably believe that the information and any attendant allegation to be substantially true. They do not act for personal gain and had disclosed the same to the employer or person specified under section 43F of the ERA.