Public sector whistleblower protection in practice: to disclose, or not to disclose

Whistleblower protection systems protect the identity of whistleblowers through measures of confidentiality, however, sometimes these protections can fail, or the identity of the whistleblower can be deduced. As a result, retaliatory and discriminatory actions may ensue. The majority of OECD countries provides protection from a broad range of reprisals and often apply disciplinary action as a sanction and reinstatement as a remedy for retaliation. This chapter analyses the mechanisms that have been implemented in OECD countries to protect whistleblowers from reprisal after having made a protected disclosure, including the reverse burden of proof, sanctions and penalties, the role of administrative appeals bodies, and available remedies.