Supporting People who Speak Out

Malaysia – Standards – Remedies – Relief

Malaysia – Standards – Remedies – Relief

15. (1) Upon request made by a whistleblower-

(a) within three months after being informed by the enforcement agency under subsection 14(6) that detrimental action in reprisal for a disclosure of improper conduct has been taken against him; or

(b) at any time that the whistleblower fears that detrimental action in reprisal for a disclosure of improper conduct may be taken against him, the enforcement agency may seek the following remedies from the court:

(A) damages or compensation;

(B) injunction; or

(C) any other relief as the court deems fit.

(2) Notwithstanding subsection (1), the whistleblower or any person related to or associated with the whistleblower shall be entitled to seek the remedies under paragraphs (1)(A) to (C).

18. (1) If, on receipt of an application under this Part, the court is satisfied that a person has taken or intends to take detrimental action in reprisal for a disclosure of improper conduct, the court may make the following orders against the person who takes the detrimental action:

(a) an order to pay damages, compensation, costs, interest or any other form of pecuniary relief to the whistleblower or any person related to or associated with the whistleblower;

(b) an injunction order restraining him from continuing, repeating, threatening to continue or repeat, taking, causing or inflicting the detrimental action against the whistleblower or any person related to or associated with the whistleblower in any manner; and

(c) any other relief as the court deems fit.

(2) In furtherance to the power of the court under subsection (1), the court may, pursuant to any application under paragraph 15(1)(C), by order, require the head of a public body or employer or other appropriate person in the private body to take all necessary measures to-

(a) permit the whistleblower or any person related to or associated with the whistleblower to return to his duties;

(b) reinstate the whistleblower or any person related to or associated with the whistleblower or pay compensation in lieu of reinstatement;

(c) pay to the whistleblower or any person related to or associated with the whistleblower compensation in an amount not greater than the amount that is equivalent to the remuneration that would, but for the detrimental action, have been paid to the whistleblower or any person related to or associated with the whistleblower;

(d) rescind or cease any measure or action, including any disciplinary action, and pay compensation to the whistleblower or any person related to or associated with the whistleblower in an amount not greater than the amount that is equivalent to any financial or other penalty imposed on the whistleblower or any person related to or associated with the whistleblower;

(e) pay to the whistleblower or any person related to or associated with the whistleblower an amount equal to any expenses and any other financial losses incurred by the whistleblower or any person related to or associated with the whistleblower as a result of the detrimental action;

(f) compensate the whistleblower or any person related to or associated with the whistleblower for any pain and suffering arising from the detrimental action;

(g) grant the relief provided in the decision effective upon the making of the decision, which shall remain in effect pending the outcome of any appeal against such decision unless-

(i) the appellate court determines that the granting of such relief is not appropriate; or

(ii) the relief granted in the decision provides that the whistleblower or any person related to or associated with the whistleblower shall return or be present at the place of employment during the period pending the outcome of any appeal, and the head of the public body or the employer or other appropriate person in the private body determines that the return or presence of the whistleblower or any person related to or associated with the whistleblower is unduly disruptive to the work environment in which case, the whistleblower or any person related to or associated with the whistleblower shall receive salary, compensation, and all other benefits of appointment or employment during the period pending the outcome of any appeal; or

(h) take or effect personnel action or any other appropriate action to restore the whistleblower or any person related to or associated with the whistleblower to a position that the whistleblower or any person related to or associated with the whistleblower would have been in but for the detrimental action.

(3) For the purpose of paragraph (2)(h), “personnel action” means-

(a) an appointment;

(b) a promotion;

(c) a disciplinary or corrective action;

(d) a transfer or reassignment;

(e) a reinstatement;

(f) a restoration;

(g) a re-employment;

(h) a performance evaluation;

(i) a decision concerning pay, benefits, awards, concerning education or training if the education or training may reasonably be expected to lead to an appointment, promotion, or performance or evaluation; or

(j) any other significant change in duties, responsibilities or working conditions.

19. (1) A whistleblower or any person related to or associated with the whistleblower who fears or has suffered detrimental action may request to the enforcement agency to apply in writing, for and on his behalf, to the relevant public body or employer or other appropriate person in the private body for relocation of his place of employment.

(2) If the public body or the employer or other appropriate person in the private body considers-

(a) that there is a danger or likelihood that detrimental action may be taken against the whistleblower or any person related to or associated with the whistleblower if he continues to hold his current position; or

(b) that the whistleblower or any person related to or associated with the whistleblower had in fact suffered detrimental action; and

(c) that the only practical means of removing or substantially removing the danger or the effect of the detrimental action is by way of relocation of his place of appointment, the public body or the employer or other appropriate person in the private body shall, as far as practicable, make arrangements for the relocation in the public body or private body, as the case may be.

Malta

7. (1) A person who believes that detrimental action has been taken or is imminently to be taken against him in reprisal for a protected disclosure may file an application to the First Hall, Civil Court for –

(a) an order requiring the person who has taken the detrimental action to remedy that action; or

(b) an injunction.

(2) The court, pending the final determination of an application under this article may

(a) make an interim order; or

(b) grant an interim injunction.

(3) If, in determining the application under sub-article (2) the court is satisfied that a person has taken or intends to take detrimental action against a person in reprisal for a protected disclosure, the court may:

(a) order the person who took the detrimental action to remedy that action and determine the amount of damages, including, but not limited to, moral damages as the court may determine, due to the person who suffered the detrimental action; or

(b) grant an injunction in any terms the Court considers appropriate.

Serbia

22. In cases where damage is incurred due to whistleblowing, the whistleblower shall be entitled to compensation for damage in accordance with legislation governing contracts and torts.

 

23. A whistleblower who has suffered a damaging action in relation to whistleblowing shall be entitled to judicial relief.

Judicial relief shall be exercised by lodging a lawsuit seeking protection in relation to whistleblowing with a competent court within six months of learning of a damaging action that has been undertaken, or three years from such time as the damaging action was undertaken.

The court competent to provide judicial relief shall be the high court with territorial jurisdiction over the location where the damaging action was undertaken, or in accordance with the domicile of the plaintiff.

Judicial relief proceedings in connection with whistleblowing shall be urgent.

Appellate review shall always be permitted in proceedings for judicial relief initiated in connection with whistleblowing.

The provisions of the Civil Procedure Code applicable to labor disputes shall apply as appropriate to judicial relief proceedings in connection with whistleblowing, except where otherwise provided for herein.

Referenced Legislation: Whistleblower Protection Act (2010)

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