Businesses are being urged to get their house in order or risk being caught unprepared as new whistleblowing legislation comes into force.
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The new Protected Disclosures Act replaces the old whistleblowing law, and will come into effect from next month.
It aims to strengthen safeguards for employees that speak out against their employers' wrongdoing.
DLA Piper New Zealand's head of employment and country managing partner, Laura Scampion, said it would add another layer of compliance for small businesses already finding it hard to keep up, but those not complying could find themselves on the wrong side of the law.
"For those organisations that are either not familiar with the procedures set out in the new legislation or don't have a compliant whistleblowing policy, could find themselves in breach of the act.
"What that could mean is that inadvertently an individual's disclosure which could lead to serious wrongdoing not being identified or uncovered in the organisation, it could also lead to breach of the legislation."
Scampion said employers yet to have whistleblowing policies or procedures should look to implement them as soon as possible.
"For those that don't have a whistleblowing policy it is timely to have a think about how an employee in your organisation can realistically raise a serious complaint," she said.
Key changes to the law included new guidance for people receiving information, direct disclosure to an appropriate authority at any time and enhanced protection for disclosures, even if they are mistaken, Scampion said.
Other changes included internal procedures for public sector organisations and an extension to the definition of the term "serious wrongdoing."
However, Scampion said the widening of serious wrongdoing could result in "complexities".
"The new definition arguably covers bullying and harassment which are issues usually dealt with through an employer investigation, often as part of a personal grievance process.
"Such investigations are generally governed by principles of natural justice which don't fit neatly with some of the process requirements or protections provided for in the act."
Whistleblowing procedures are mandatory for public sector organisations, and the sector has more work to do in preparation for the new legislation, Scampion said.
