Premier and Minister for Financial Services and Commerce, the Hon. André M. Ebanks MP will move a Government Motion at the upcoming meeting of Parliament seeking support for work to modernise and bolster the Whistleblower Protection Act, 2015.
The Act protects people who report improper conduct in the public interest and prohibits employers from taking action against them in reprisal. Overseen by the Ombudsman as the designated authority, it covers public and private sector employees, including former employees and contractors, and makes it an offence to take detrimental action against a whistleblower.
Since the Act came into effect in 2018, whistleblower frameworks in other countries have been updated to recognise wider reporting channels, protection for people connected to a whistleblower, and protection against retaliation affecting a person’s future employment. The NCFC Government is proposing to revisit Cayman’s framework to examine whether it needs updating.
Premier Ebanks said: “The majority of people will hopefully never need this law. The ones who do are usually people who have seen something they simply cannot ignore and who stand to lose a great deal by saying so. Whether good people in this circumstance are properly protected says something about how a country is governed, and I think it is timely that we take another look at this legislation.”
The motion does not change the law at this stage. It asks Parliament to support the legal review, policy enhancement and consultation needed to determine what updates should be brought forward. Any statutory revisions would be brought as a Bill and follow the usual processes through Parliament.
“Any updates would naturally need to strike a careful balance,” said Ebanks. “People who raise concerns need modern protection that works in practice. On the other hand, employers need to be able to manage ordinary workplace matters, give honest references and settle disputes. And anyone facing an allegation must be treated fairly.”
If the motion is supported, Government will begin the review through the Portfolio of Legal Affairs and may instruct the Law Reform Commission to undertake the preparation of draft modernising revisions to the Act.