Non-disclosure agreements

Any term in any agreement (whether in the worker’s employment contract or not) is void to the extent that it purports to stop a worker enforcing their rights to make a protected disclosure under PIDA. This includes a term in a settlement agreement (section 43J, ERA 96).

This aspect of PIDA has been widely criticised for being overly complicated, confusing and wordy. There is also evidence of a low level of knowledge of this prohibition. In the financial services sector, any non-disclosure term must follow a specific format. For more information on non-disclosure agreements in the context of whistleblowing, see Chapter 8.