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What is a matter of concern?

Written by Selma Treu Breimo | Feb 23, 2024 2:24:51 PM

 

What is a matter of concern?

It is determined in the Working Environment Act § 2 A-1 that "matters of concern" pertain to matters that are in violation of the law, written ethical guidelines in the company, or ethical norms that have broad support in society. This may include situations that pose a danger to life or health, a risk to the climate or environment, corruption or other financial crime, abuse of power, an unsafe work environment, or breaches of personal data security.

What is not a matter of concern?

Expressions that only concern the worker's own employment situation are normally not considered whistleblowing. Examples of the worker's own circumstances that are not covered by the whistleblowing rules are:

  • Personnel conflicts
  • Professional or political expressions
  • General dissatisfaction with the workplace

The demarcation: To what extent can psychosocial conditions at the workplace constitute a matter of concern?

In some cases, it may be difficult to draw the line between a personnel conflict or a matter on the worker's side, and a matter of concern that should be reported. The Working Environment Act's provision in § 2-3 enacts the worker's right to be protected against negative burdens resulting from the workplace's psychosocial conditions. A breach of this right will be considered a matter of concern that falls under the whistleblowing rules.

The provision protects the worker against harassment or other improper conduct. Harassment refers to actions, omissions, or expressions intended or effecting to be intimidating, hostile, or humiliating. According to the Labour Inspection Authority, examples of improper conduct include:

  • Exclusion
  • Unjust deprivation of work tasks
  • Hurtful teasing or joking

Such conditions as listed above will be considered a matter of concern that should be reported.