How are whistleblowers protected under the common law?

The common law provides limited protections for employees who disclose illegal, immoral or illegitimate practices on the part of their employer. Indeed, an employee’s duty of fidelity and good faith can constitute a positive disincentive to whistle blowing, given an employee who discloses confidential information may be liable to disciplinary action, including dismissal. A whistle blowing employee may also be subject to legal proceedings for breach of common law or equitable duties or for defamation.

The duty of fidelity and good faith is subject to an exception where the disclosure relates to an ”iniquity" on the part of the employer. However, this may be of limited value to an employee who has lost his or her job and who is unable to recover substantial damages for breach of contract.

On the other hand, an employer’s failure to protect whistleblowers from victimisation can sometimes enable employees to recover substantial damages where they can show that such failure constituted a breach of the employer's common law duty of care, or that the employer is liable for the actions of its employees.

See How are whistleblowers protected under the common law?