What is whistleblowing?
Unlawful activities and abuse of law may occur in any organization and they can take many forms, for instance; fraud, money laundering, business malpractice or negligence. If they are not addressed, it can result in serious harm to public interest. Interestingly, people who work for an organization are often the first to know about such occurrences as they often have inside knowledge which is a fundamental tool to fight against corruption and other illegal activities The term “whistleblowing” does not have a precise and universal legal definition. A commonly used interpretation is that it refers to the denunciation, by an employee or any person of corruption, fraud, and other wrongdoings which could harm public interest. However, many employees do not denounce illegal activities as they are usually in a vulnerable position and fear reprisals.
Whistleblowing in Mauritius
In Mauritius since 2012, Whistleblowing Council WC and the Mauritius Institute of Directors (MIoD) have been promoting whistleblowing polices and the concept as a whole to develop “a culture of integrity, good governance and to reduce level of corruption at work” The objectives of the Whistleblowing Council are to endorse whistleblowing in the private sector, give advice, help spotting malpractices and take relevant actions. The only piece of legislation addressing whistleblowing is the Prevention of Corruption Act (POCA) of 2002. This law stipulates that an informer must disclose an act of corruption to the Independent Commission Against Corruption (ICAC). Further to the Mauritius budget speech 2019/2020, the Financial Services Act has been amended to provide more protection to any person who makes a report or disclosure in good faith to the FSC. Last year, the European Union adopted new rules on whistle-blowers protection to provide high level of protection to whistle-blowers against retaliation.
The benefits of whistleblowing
- It addresses wrongdoing and allows justice to reach the depths of companies that otherwise may remain unexposed.
- Honesty amongst employees helps to cultivate dedication towards the company’s mission.
- Whistleblowing is vitally important in protecting a company’s customers and in directly protecting an organization through combatting fraud and misconduct.
The risks of whistleblowing
Sadly, despite efforts to combat mistreatment of whistle-blowers, risk still exists.
- It can result in whistle-blowers being victimized by their teammates and suffering unfair treatment.
- A large proportion of whistle-blowers may leave their job following their complaint, be this voluntarily or forced.
- A very lengthy and intrusive legal process may follow if an employee is involved in a high-profile whistle blowing case.
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