Supporting People who Speak Out

Australia – Standards – Remedies – Relief

Australia – Standards – Remedies – Relief

14. (1) If the Federal Court or Federal Circuit Court is satisfied, on the application of a person (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against the applicant, the Court may:

(a) in any case-make an order requiring the respondent to compensate the applicant for loss, damage or injury as a result of the reprisal or threat; or

(b) if the Court is satisfied that the respondent took or threatened to take, or is taking or threatening to take, the reprisal in connection with the respondent’s position as an employee:

(i) make an order requiring the respondent to compensate the applicant for a part of loss, damage or injury as a result of the reprisal or threat, and make another order requiring the respondent’s employer to compensate the applicant for a part of loss, damage or injury as a result of the reprisal or threat; or

(ii) make an order requiring the respondent and the respondent’s employer jointly to compensate the applicant for loss, damage or injury as a result of the reprisal or threat; or

(iii) make an order requiring the respondent’s employer to compensate the applicant for loss, damage or injury as a result of the reprisal or threat.

(2) The Federal Court or Federal Circuit Court must not make an order under paragraph (1)(b) if the respondent’s employer establishes that it took reasonable precautions, and exercised due diligence, to avoid the reprisal or threat.

(3) If the Federal Court or Federal Circuit Court makes an order under subparagraph (1)(b)(ii), the respondent and the respondent’s employer are jointly and severally liable to pay the compensation concerned.

15. (1) If the Federal Court or Federal Circuit Court is satisfied, on the application of a person (the applicant) , that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against the applicant, the Court may make any or all of the following orders:

(a) an order granting an injunction, on such terms as the Court thinks appropriate:

(i) restraining the respondent from taking, or threatening to take, the reprisal; or

(ii) if the reprisal or threat involves refusing or failing to do something-requiring the respondent to do that thing;

(b) an order requiring the respondent to apologise to the applicant for taking, or threatening to take, the reprisal;

(c) any other order the Court thinks appropriate.

(2) If the Federal Court or Federal Circuit Court has power under subsection (1) to grant an injunction restraining a person from engaging in particular conduct, or requiring a person to do anything, the Court may make any other orders (including granting an injunction) that it thinks appropriate against any other person who has:

(a) aided, abetted, counselled or procured the conduct against the applicant; or

(b) induced the conduct against the applicant, whether through threats or promises or otherwise; or

(c) been in any way (directly or indirectly) knowingly concerned in or a party to the conduct against the applicant; or

(d) conspired with others to effect the conduct against the applicant.

 

16. If the Federal Court or Federal Circuit Court is satisfied, on the application of a person (the applicant), that:

(a) another person (the respondent) has taken, or is taking, a reprisal against the applicant; and

(b) the applicant is or was employed in a particular position with the respondent; and

(c) the reprisal wholly or partly consists, or consisted, of the respondent terminating, or purporting to terminate, the applicant’s employment;

the Court may order that the applicant be reinstated in that position or a position at a comparable level.

BiH

8. (1) In case that the whistleblower informs the Agency for Prevention of Corruption and Coordination of Fight against Corruption that any detrimental action has been taken against him/her as referred to in Article 2, paragraph 1, point (e) of this Law, the Agency for Prevention of Corruption and Coordination of Fight against Corruption shall be required to request all relevant documentation from the institution and/or to request from the Administrative inspectorate of the Ministry of Justice of Bosnia and Herzegovina to investigate allegations, establish the fact, and to undertake measures set by the law, and to submit its minutes thereof to the Agency for Prevention of Corruption and Coordination of Fight Against Corruption.

(2) If, based on the documentation received from the institution and/or the minutes specified in paragraph (1) of this Article, the Agency establishes that any detrimental action has been taken against the whistleblower, in relation to the reported case of corruption, referred to in Article 3 paragraph 1 of this Law, the Agency for Prevention of Corruption and Coordination of Fight Against Corruption shall issue an instruction to the director of the institution as to remove the consequences of detrimental action that the whistleblower suffered.

(3) In case that the director of the institution claims that the same detrimental action would have been taken against the whistleblower even in case that he/she had not reported the suspected act of corruption, the director shall be required to prove it.

(4) The director of the institution shall be required to take corrective action in order to remove the detrimental action within three days following the receipt of the instruction from the Agency for Prevention of Corruption and Coordination of Fight against Corruption.

(5) The corrective action shall constitute the cancellation of detrimental action and restitution, and can be terminated after the completion of the labour dispute proceedings before the competent court by its final and binding court decision.

Referenced Legislation: Public Interest Disclosure Act (2013)

About Author

Blueprint for Free Speech
administrator