Malaysia legislation

Section 15

of WHISTLEBLOWER PROTECTION ACT 2010

Section 15

(a)

within three months after being informed by the enforcement agency under subsection 14(6) that detrimental action in reprisal for a disclosure of improper conduct has been taken against him; or

Act 711

(b)

at any time that the whistleblower fears that detrimental action in reprisal for a disclosure of improper conduct may be taken against him, the enforcement agency may seek the following remedies from the court:

(A)

damages or compensation;

(B)

injunction; or

(C)

any other relief as the court deems fit.

(2)

Notwithstanding subsection (1), the whistleblower or any person related to or associated with the whistleblower shall be entitled to seek the remedies under paragraphs (1)(A) to (C).

(3)

Where the whistleblower or any person related to or associated with the whistleblower intends to seek the remedies through another person other than the enforcement agency after a request under subsection (1) has been made, the whistleblower or any person related to or associated with the whistleblower shall notify the enforcement agency of such intention.

(4)

Upon receipt of the notification under subsection (3) or the enforcement agency discovers that the whistleblower or any person related to or associated with the whistleblower has sought the remedies through another person other than the enforcement agency after a request under subsection (1) has been made, the enforcement agency may make an application to the court to discharge itself or otherwise discontinue from representing the whistleblower or any person related to or associated with the whistleblower and the whistleblower or any person related to or associated with the whistleblower shall reimburse the enforcement agency for any expenses incurred.

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