Chapter 5
Gagging clauses
[ch 5: page 34]It is unlawful for employers to bar workers from making protected disclosures.
Any term in an agreement between worker and employer (including any term in an employment contract) is void and unenforceable to the extent that it purports to bar the worker making a protected disclosure (section 43J, ERA 96). This includes terms in settlement agreements setting out the terms on which employment is ended. Chapter 8 looks at non-disclosure agreements in the context of whistleblowing.