What types of claim can be brought

Employees who are dismissed solely or mainly because they made a protected disclosure can bring a claim against their employer for automatically unfair dismissal (section 103A, ERA 96).

Workers (which includes all employees) can bring a claim for whistleblowing detriment (section 47B, ERA 96). A worker has the right not to be subject to a detriment by any act, or deliberate failure to act, by their employer, performed on the ground that the worker made a protected disclosure.

A claim for whistleblowing detriment can be brought against:

• the employer;

• co-workers in the course of their employment; and

• agents acting with the employer’s authority (section 47B, ERA 96).

No service is needed for either type of claim. There is more information about the types of claim that can be brought in Chapter 6.