Reprisal

Protection of employee from reprisal

An employee who alleges a reprisal has been taken against them may file a written complaint of reprisal with the Public Interest Disclosure Commissioner (PIDC). A person must not take a reprisal against an employee or direct that one be taken against an employee because the employee has, in good faith:

• sought advice about making a disclosure from a supervisor, a designated officer or the PIDC;
• made a disclosure;
• co-operated in an investigation under this Act; or
• declined to participate in a wrongdoing.

Settlement of complaint of reprisal

The PIDC may at any time take any steps she/he considers appropriate to help settle the complaint, during or after an investigation into a complaint of reprisal. The terms of any proposed settlement relating to the remedy to be provided to the employee who made the complaint of reprisal, must be agreed upon by the employee and the individual in the affected public entity with the authority to implement the remedy.

Opportunity to make representations

Prior to finalizing a Final Investigation Report, the PIDC must provide the draft report to the public entity and give the public entity a reasonable opportunity to make representations respecting it. If the PIDC believes that the public entity did not co-operate in the investigation of the complaint of reprisal, the PIDC may make a report of that to the responsible Minister or the chair of the governing board of the public entity if a corporation or board.

Decision of public entity

Within 30 days of receiving the Final Investigation Report of the PIDC, the public entity must:

• decide whether to follow any recommendations in the Report; and
• give written notice of its decision to the PIDC and to any individuals who were notified of the complaint of reprisal.

If the public entity agrees to follow the recommendations of the PIDC, the public entity must take any action required to implement the recommendations as soon as is resonably practicable.

If the public entity does not give notice within 30 days, the public entity is deemed to have decided not to follow the recommendations of the PIDC. The case may then go to Arbitration.