Section 18
Power of the court
of Whistleblower Protection Act 2010
If, on receipt of an application under this Part, the court is satisfied that a person has taken or intends to take detrimental action in reprisal for a disclosure of improper conduct, the court may make the following orders against the person who takes the detrimental action:
(a)
an order to pay damages, compensation, costs, interest or any other form of pecuniary relief to the whistleblower or any person related to or associated with the whistleblower;
(b)
an injunction order restraining him from continuing, repeating, threatening to continue or repeat, taking, causing or inflicting the detrimental action against the whistleblower or any person related to or associated with the whistleblower in any manner; and
(c)
any other relief as the court deems fit.
(2)
In furtherance to the power of the court under subsection (1), the court may, pursuant to any application under paragraph 15(1)(C), by order, require the head of a public body or employer or other appropriate person in the private body to take all necessary measures to—
(a)
permit the whistleblower or any person related to or associated with the whistleblower to return to his duties;
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(b)
reinstate the whistleblower or any person related to or associated with the whistleblower or pay compensation in lieu of reinstatement;
(c)
pay to the whistleblower or any person related to or associated with the whistleblower compensation in an amount not greater than the amount that is equivalent to the remuneration that would, but for the detrimental action, have been paid to the whistleblower or any person related to or associated with the whistleblower;
(d)
rescind or cease any measure or action, including any disciplinary action, and pay compensation to the whistleblower or any person related to or associated with the whistleblower in an amount not greater than the amount that is equivalent to any financial or other penalty imposed on the whistleblower or any person related to or associated with the whistleblower;
(e)
pay to the whistleblower or any person related to or associated with the whistleblower an amount equal to any expenses and any other financial losses incurred by the whistleblower or any person related to or associated with the whistleblower as a result of the detrimental action;
(f)
compensate the whistleblower or any person related to or associated with the whistleblower for any pain and suffering arising from the detrimental action;
(g)
grant the relief provided in the decision effective upon the making of the decision, which shall remain in effect pending the outcome of any appeal against such decision unless—
(i)
the appellate court determines that the granting of such relief is not appropriate; or
(ii)
the relief granted in the decision provides that the whistleblower or any person related to or associated with the whistleblower shall return or be present at the place of employment during the period pending the outcome of any appeal, and the head of the public body or the employer or other
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appropriate person in the private body determines that the return or presence of the whistleblower or any person related to or associated with the whistleblower is unduly disruptive to the work environment in which case, the whistleblower or any person related to or associated with the whistleblower shall receive salary, compensation, and all other benefits of appointment or employment during the period pending the outcome of any appeal; or
(h)
take or effect personnel action or any other appropriate action to restore the whistleblower or any person related to or associated with the whistleblower to a position that the whistleblower or any person related to or associated with the whistleblower would have been in but for the detrimental action.
(3)
For the purpose of paragraph (2)(h), “personnel action”
means—
(a)
an appointment;
(b)
a promotion;
(c)
a disciplinary or corrective action;
(d)
a transfer or reassignment;
(e)
a reinstatement;
(f)
a restoration;
(g)
a re-employment;
(h)
a performance evaluation;
(i)
a decision concerning pay, benefits, awards, concerning education or training if the education or training may reasonably be expected to lead to an appointment, promotion, or performance or evaluation; or
(j)
any other significant change in duties, responsibilities or working conditions.
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