From www.claytonutz.com: The first quarter of 2025 saw two significant court decisions, Mount v Dover Castle Metals Pty Ltd and Reiche v Neometals Ltd, which clarified the operation of whistleblower protections under the Corporations Act 2001 (Cth).

The decisions highlight the importance of maintaining robust records and ensuring that decision-makers regarding whistleblower disclosures are distinct and act on legitimate business reasons.

Both decisions underscored that disclosures must have reasonable grounds for suspicion and that employers can proceed with performance management and termination processes as long as these actions are not based on the belief that the employee made a whistleblower disclosure.