Last Updated: 24 June 2022
AN ACT TO REGULATE COMPANIES IN THE REPUBLIC OF FIJI
[COM 681] Disclosure that qualifies for protection not actionable681
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- (a)the person is not subject to any civil or criminal liability for making the disclosure; and
- (b)no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.
(2) Without limiting subsection (1) —
- (a)the person has qualified privilege in respect of the disclosure; and
- (b)a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.
(3) Without limiting subsections (1)(b) and (2)(b), if the court is satisfied that—
- (a)a person (called the “employee”) is employed in a particular position under a contract of employment with another person (called the “employer”);
- (b)the employee makes a disclosure that qualifies for protection under this Part; and
- (c)the employer purports to terminate the contract of employment on the basis of the disclosure,
the court may order that the employee be reinstated in that position or a position at a comparable level.
The Laws of Fiji