What is the situation with whistleblower protection in Malta, which was one of the first to implement the EU Whistleblower Protection Directive?
⚖️ Legislative basis
Whistleblower protection regulations were first introduced in Malta by the Whistleblower Protection Act in 2013. In order to implement the EU Whistleblower Directive, the Parliament amended the Law.
Experts note that the adoption of the new Law took place in a short period of time without consultations with the public and interested parties.
👤 Entities covered by the Law
The protection provided by the Law is not limited to employees with whom a contract is concluded, but extends to contractors, subcontractors, former employees, volunteers, shareholders, job candidates, in case they receive information during the selection process.
👷 Duties of employers
Every employer should have internal procedures for receiving and dealing with notices. The law does not allow the delegation of this obligation to consulting or legal companies. The exception is only for the private sector with the number of employees from 50 to 250 thousand employees.
🗣️ Breach and Disclosure
The law provides protection in case of notification of violations, and the list of such violations is extensive. There is also no requirement that the information must be supported by evidence (it can be a reasonable suspicion of a possible violation).
🤐 Anonymous messages
Anonymous messages are not protected under the Act. However, they may be received, processed depending on whether a violation has occurred.
👮 Protection of workers
The law protects employees not only from dismissal as a result of whistleblowing, but also from other actions such as intimidation, harassment, civil/criminal proceedings or disciplinary proceedings.
🚫 Comments of experts to the Law:
▪️ disproportionality of the burden of proof, as adverse measures against whistleblowers may be justified for administrative or organizational reasons;
▪️ there is no provision to reimburse the whistleblower for attorneys' fees;
▪️ lack of public reporting on the number of reports, the results of their consideration.
Renowned whistleblower expert Tom Devine has said that Maltese law is like a train with all the comforts but with a faulty engine. Despite its pretty packaging, the Law is a Trojan horse. And you can really agree with that.
