Order the summer edition here

The government did not strengthen whistleblower protection

NOTICE: The government did not follow up on the notification committee's proposal, neither about its own notification ombudsman nor its own notification committee.

(Note: The article is machine-translated from Norwegian by Gtranslate)

In November 2016, the Norwegian government appointed a committee to review the notification rules in the Working Environment Act and assess the need for legislative amendments or other measures to strengthen whistleblower protection. The committee submitted its recommendation on 15 March 2018. Great expectations were attached to this opportunity to strengthen the whistleblowing institution in Norway. It was particularly interesting that the notification committee concluded that notification is a value and not a problem for society when the notification is taken seriously and followed up, and wrote: "The goal must therefore be to establish good systems and cultures for notification in the companies."

Own alert agent

The committee proposed that a separate whistleblowing ombudsman be established to provide advice, support and assistance to whistleblowers in specific cases. The ombud should have good competence and assist both whistleblowers, whistleblowers, employers and others affected.

At the same time, it was believed that the notification ombud should convey general knowledge and thus an understanding of the value of notification to society. In serious whistleblowing cases of great social significance, the committee believed that the whistleblowing ombud should have special competence and the opportunity to take the initiative for independent investigations.

It should be mentioned that the opposition in the Storting had supported both the whistleblowing ombudsman and his own committee.

The majority of the committee proposed that a separate tribunal be established for whistleblowing cases, which should assess and decide whether, after notification, retaliation had taken place against the whistleblower. The tribunal should have the competence to award compensation and redress to the whistleblower. The committee also believed that the employer should to a greater extent be imposed with an activity obligation to investigate the notice. The tribunal was also to have the authority to investigate whether there was a breach of the employer's duty of activity for following up the notice.

The committee also wanted a clearer clarification of the employer's responsibility for care when it came to measures that could prevent retaliation. As of today, it is the individual whistleblower who considers himself exposed to retaliation, who must bring his case before the court for assessment of whether there is retaliation after whistleblowing.

This is very expensive and something most people can not afford. The notification board was intended to be a low-threshold offer so that cases of retaliation could be resolved without court proceedings, and the notification committee proposed that access to redress and compensation should be expanded and the levels of compensation raised.

The committee proposed a separate whistleblowing law which was to include the establishment of the whistleblowing ombud and the whistleblowing board. Through this law, the mandate and authority of these bodies were to be regulated. Notification in working conditions was still to be regulated in the Working Environment Act and not in the Notification Act.

Measures require resources

The committee emphasized that the measures proposed to strengthen whistleblower protection in Norwegian working life would require resources. It is worth quoting the whistleblowing committee on this point: “It is important to emphasize that if society wants to achieve the goal in the committee's mandate to strengthen the protection of whistleblowers, then it has its price. The question will ultimately be to what extent society is willing to invest in and invest in strengthened efforts to facilitate more warnings of matters worthy of criticism and provide good whistleblower protection, which overall will provide socio-economically profitable uncovering of matters worthy of criticism in Norwegian companies and ensure a better working life. "

The sample was largely ignored

The notification committee's recommendation was sent for broad consultation, and in the spring of 2019, the Government put forward in Prop. L 74 (2018–2019) the proposal for amendments to the Working Environment Act. The Government's response can illustrate:
• The government did not follow up on the proposals from the notification committee at system level, neither about the notification representative nor its own notification committee.
• The government did not want to establish a separate committee for this purpose, but would rather assign this task to the existing committee, and agreed that this issue should be investigated further. A current issue is to add this to the Equality and Discrimination Tribunal.

  • For the most part, the government chose only to continue the current regulation of notification of objectionable or illegal matters. Some minor clarifications of the legal text were, however, later adopted, such as elaboration of what is considered to be matters worthy of criticism, and the employer's duty of activity regarding the investigation of the notice.
  • However, the Notification Committee's proposal to introduce strict liability for financial loss as it has been for redress compensation was granted.

It should be mentioned that the opposition in the Storting had supported both the whistleblowing ombudsman and his own committee. Therefore, it must be stated that the notification committee's very constructive and well-thought-out proposal was to a small extent followed up by the government.

It is a long way to go before it is safe to report matters worthy of criticism of a socially harmful nature in today's Norway. The new provisions do not ensure that all parties to the process are taken care of, and this applies to notifications, notifications and employers. The new legal provisions lack boldness and reveal that the government does not recognize that notification is a new element in our social and legal order.

ALSO READ: Those with power and authority have always wanted to cut off the wings of whistleblowers

- self-advertisement -

Recent Comments:

Advertiser Content

LOAN:

Should you use a loan broker when applying for an unsecured loan?

Obtaining many offers is important when you are comparing conditions, and thus find the cheapest solution.
ECONOMY:

Refinancing can give you better finances

Are you struggling with high spending on consumer loans, credit cards and installment purchases? If so, you are one of many.

Siste artikler

Essay / This is how Gunda sees the worldIn what way can the human narrative of oneself be challenged by, for one hour and thirty-three minutes, looking at the world through the gaze of a pig?
Middle East / It is not about peace, but about smart businessWhile other countries were preoccupied with covid-19, Arabs and Israelis could, without outside interference, concentrate on peace. And business.
Climate / The New Climate War (by Michael E. Mann)Are vegans' attempts to lift the meat comb or drop flying the solution to the climate problem? Over the past year, our changing travel and behavior patterns have had only a small effect on global greenhouse gas emissions.
Corona / The more positive aspects of CoronaNothing is in a hurry anymore. Illness, death, and economic ruin are the hallmarks of the pandemic, but in corona-the time also arises cognition and insight, which we should take with us further.
Conversations with the speeds of light. The construction of the digital realm of the dead. (by Ole Sverre Olsen)When Klaus Schwab, founder of the World Economic Forum, introduces the Fourth Industrial Revolution (Shaping the Future of the Fourth Industrial Revolution), and when Elon Musk, the founder of the successful Tesla, plus Facebook CEO Mark Zuckerberg presents the visions for the 21st century , you should pay close attention to what is the specific content of what they present of technology, researched in the laboratories of Silicon Valley.
Short film / Stolen Fish,… (by Gosia Juszczak,…)With very different angles, two of the documentaries at the Short Film Festival show how depressingly far away we are a sustainable development.
Modernism / Carsten Boysen: A fair housing policy,… (by Jon Guttu,…)Can the current anti-social urban and housing situation need more modernism? Two books actualize a belief in progress that society can change for the better.
Essay / I was completely out of the worldThe author Hanne Ramsdal tells here what it means to be put out of action – and come back again. A concussion leads, among other things, to the brain not being able to dampen impressions and emotions.
Prio / Silently disciplining researchMany who question the legitimacy of the US wars seem to be pressured by research and media institutions. An example here is the Institute for Peace Research (PRIO), which has had researchers who have historically been critical of any war of aggression – who have hardly belonged to the close friends of nuclear weapons.
Spain / Is Spain a terrorist state?The country receives sharp international criticism for the police and the Civil Guard's extensive use of torture, which is never prosecuted. Regime rebels are imprisoned for trifles. European accusations and objections are ignored.
Covid-19 / Vaccine coercion in the shadow of the corona crisis (by Trond Skaftnesmo)There is no real skepticism from the public sector about the coronary vaccine – vaccination is recommended, and the people are positive about the vaccine. But is the embrace of the vaccine based on an informed decision or a blind hope for a normal everyday life?
Military / The military commanders wanted to annihilate the Soviet Union and China, but Kennedy stood in the wayWe focus on American Strategic Military Thinking (SAC) from 1950 to the present. Will the economic war be supplemented by a biological war?
Bjørneboe / homesicknessIn this essay, Jens Bjørneboe's eldest daughter reflects on a lesser – known psychological side of her father.
Y-block / Arrested and put on smooth cell for Y blockFive protesters were led away yesterday, including Ellen de Vibe, former director of the Oslo Planning and Building Agency. At the same time, the Y interior ended up in containers.
Tangen / A forgiven, refined and anointed basket boyThe financial industry takes control of the Norwegian public.
Environment / Planet of The Humans (by Jeff Gibbs)For many, green energy solutions are just a new way to make money, says director Jeff Gibbs.
Mike davis / The pandemic will create a new world orderAccording to activist and historian Mike Davis, wild reservoirs, like bats, contain up to 400 types of coronavirus that are just waiting to spread to other animals and humans.
Unity / Newtopia (by Audun Amundsen)The expectation of a paradise free of modern progress became the opposite, but most of all, Newtopia is about two very different men who support and help each other when life is at its most brutal.
Anorexia / self Portrait (by Margreth Olin,…)shameless uses Lene Marie Fossen's own tortured body as a canvas for grief, pain and longing in her series of self portraits – relevant both in the documentary self Portrait and in the exhibition Gatekeeper.