Disclosure of Information for Public Interest Council of Ministers Regulation No. 405-2017

PART FOUR  Protection to an Employee Who Makes Public Interest Disclosure

  1. Conditions of Protection

 

 

Any employee who makes public interest disclosure shall enjoy protection specified under this Regulation where he:

 

1/        makes the disclosure in good faith;

2/        makes the disclosure to the public body authorized in accordance with these Regulations; and

3/        maintains the confidentiality of his identity and the disclosed information.

 

  1. Immunity from Liability

No employee shall be liable to criminal, civil and/or administrative proceedings for making a public interest disclosure in accordance with the provisions of Article 39 of the Freedom of the Mass media and Access to Information Proclamation No.590/2008.

  1. Burden of Proof

Where an employee who makes public interest disclosure lodge a complaint, the burden of proof lies on the person against whom the complaint is made.

 

  1. Protection against any Retaliatory Measure

1/        Any retaliatory measure against an employee who made public interest disclosure shall be prohibited.

 

2/        For the purpose of these Regulations retaliatory measure means disciplinary measures taken by the public body against an employee who made a public interest disclosure and includes the following:

  1. a) dismissal, suspension or demotion;

 

  1. b) transfer against his will or refusal of transfer when he is entitled;
  2. c) denial of promotion or training opportunities;

 

  1. d) denial of any employment benefits; or
  2. e) any measure that result in adverse effect on the employee.

 

  1. Lodging of Complaint

 

1/        Any employee who is subjected to a retaliatory measure as a result of his public interest disclosure may lodge his complaint to the Institution of the Ombudsman.

2/        The Institution of the Ombudsman shall, upon investigating the disclosure, take redressing measures within 30 days from the receipt of the complaint.

3/        If the  Institution of the Ombudsman proves that a retaliatory measure has been taken against the employee who made the disclosure, it shall give the appropriate order to the public body who took the retaliatory measure to reinstate the employee to his position held prior to such measure.

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