Whistleblowing at work in Norway

What to do if your employer retaliates

Whistleblowing at work is protected by the Norwegian Working Environment Act. Still, many employees who report wrongdoing experience retaliation, such as dismissal, changes to their duties, or harassment. What are your rights if this happens to you – and how can you protect yourself?

At Dalan Law Firm we have extensive experience with whistleblowing cases – both in negotiations and before the courts. This article is based on our experience advising foreign and Norwegian employees.

1. What counts as whistleblowing?

If you as an employee discover conditions at the workplace that are illegal or unacceptable, you have the right to report them. According to section 2 A-1 of the Working Environment Act, this applies for example when you experience:

Breaches of laws or regulations
Danger to life or health
Corruption or financial crime
Abuse of authority
Unsafe working environment or harassment

We see that many employees wonder whether their case qualifies as whistleblowing. Typical examples are when staff notice manipulated reporting, ignored safety routines, or management behaving inappropriately. Breaches of the company’s written ethical guidelines or ethical norms broadly recognised in society – for example professional standards – may also be whistleblowing under the law.

1.1 What is not whistleblowing?

Ordinary conflicts with your manager, disagreements about staffing, or professional judgements are normally not whistleblowing under the Act. These fall instead under the employer’s managerial prerogative and your general freedom of expression.

At the same time, boundaries may shift. For example, a conflict may develop into harassment or an unsafe working environment – and then you are within the whistleblowing rules.

Legal tip: If you are unsure whether your situation is whistleblowing under Norwegian law, seek advice early. We have seen cases where employers argued it was only a ‘personal conflict’, but the courts held it was in fact whistleblowing.

2. How must you report to be protected?

To be legally protected, whistleblowing must be carried out in a responsible manner. This means the way you report must comply with section 2 A-2 of the Act.

2.1 Always protected reporting

These ways of reporting are always lawful and give you protection:

Internally to the employer or a representative of the employer
In accordance with the company’s whistleblowing routines
In line with a legal duty to report (for example, danger to life and health)
To a safety representative, trade union, or lawyer
To a public authority such as the Labour Inspection Authority or Økokrim (financial crime authority)

See the Labour Inspection Authority’s page on whistleblowing

2.2 Reporting to the media or the public

Reporting to the media or publicly may also be lawful, but stricter requirements apply:

You must be in good faith about the accuracy of the information.
The matter must be of public interest.
You must normally have tried internal reporting first, unless there is reason to believe it would not be effective.

2.3 The burden of proof lies with the employer

If the employer claims you reported irresponsibly, it is the employer who has the burden of proof. The law is on your side – you should have a wide margin of discretion when reporting.

2.4 Missing routines do not weaken your protection

Employers with at least five employees are required to have written whistleblowing routines. If such routines are missing or not made known, this cannot be used against you. On the contrary, it strengthens your right to report in other ways, and your protection under the law still applies.

Legal tip: If you are in doubt about how to proceed, it may be wise to seek legal advice early. We often see employers without routines trying to portray reporting as ‘unreasonable’ or ‘informal’, but the courts have held that employees are still protected.

3. What is retaliation?

When you have reported responsibly, the employer is prohibited from reacting negatively. According to section 2 A-4, any adverse action, practice, or omission in response to whistleblowing is retaliation.

Examples include:

Threats, harassment, or social exclusion
Warnings or unfair treatment
Changes to duties, demotion, or transfer
Suspension, dismissal, or summary termination

What matters is not what the employer calls the measure, but whether it is in reality a reaction to whistleblowing.

3.1 The burden of proof lies with the employer

If you can present information giving “reasonable grounds to believe” you suffered retaliation, the employer must prove that retaliation did not occur. This reversed burden of proof gives the whistleblower strong protection.

3.2 What compensation can I claim?

Under section 2 A-5 you may claim both non-economic compensation and compensation for financial loss:

Non-economic compensation (redress): This can be claimed even if you did not suffer financial loss. Its purpose is to compensate for the burden you experienced and underline the seriousness of the violation.
Economic compensation: Covers actual financial losses, such as lost salary, bonus, or pension accrual.

In Supreme Court judgment HR-2023-2430-A, the Court held that redress must be set high enough to have a real deterrent effect on employers.

4. Can I resign immediately if retaliated against?

In particularly serious cases, retaliation may give you the right to terminate the employment relationship immediately. This means you end the contract at once because the employer has committed a gross breach of duty.

4.1 Consequences of termination

If you resign on these grounds, you may claim:

Salary during the notice period, even if you leave immediately
Compensation for financial loss, including:
1. Lost salary and pension accrual during the notice period
2. Lost income until you have had reasonable time to find new work (often 3–6 months, sometimes longer)
3. Lost bonus or other benefits
Non-economic compensation under section 2 A-5, regardless of financial loss

Legal tip: Termination of this kind is a drastic step and should only be used when retaliation is serious. Always consult a lawyer before resigning, and ensure you have thorough documentation.

5. What should you do if you experience retaliation?

Whistleblowing cases can be very demanding. If you notice negative reactions after reporting, you should act quickly to protect your rights.

Document everything: Note what happens, when, and who is involved. Keep e-mails, messages, meeting notes and other evidence.
Use support at the workplace: Speak with union representatives, the safety delegate, or occupational health services. They can support you and act as witnesses.
Demand follow-up by the employer: Employers have a duty under section 2 A-3 to investigate and ensure a fully safe working environment. Failure to do so may itself be a breach of the law.
Legal assistance: If retaliation continues, seek legal assistance. A lawyer can clarify your rights, assess possible claims, and give you specific advice on next steps.

6. Legal options in retaliation cases

With legal assistance you may, depending on the situation, claim:

Invalidity of dismissal or summary termination (if you have been dismissed in breach of the whistleblowing rules)
Right to remain in your position while the case is pending
Non-economic compensation (section 2 A-5)
Economic compensation, e.g. lost salary, pension, bonus
Termination by the employee in particularly serious cases of retaliation, with salary during notice and compensation until you have had reasonable time to find new work

Legal tip: Time limits are short. After dismissal you have two weeks to demand negotiations and eight weeks to bring a claim to court. Early legal advice can be decisive.

7. Other ways forward

The Norwegian Labour Inspection Authority can receive reports and provide guidance
The Equality and Anti-Discrimination Ombud/Tribunal can handle retaliation cases (except dismissal).
Health and follow-up: Many whistleblowers suffer ill health – you have rights to sick leave and medical care in Norway.

8. Do you need help in a whistleblowing case?

Whistleblowing is protected by law, and retaliation is prohibited. Still, employers sometimes try to downplay or conceal retaliation. As a whistleblower you have strong rights, but short deadlines mean that early advice is crucial.

Contact Dalan Law Firm:

E-mail: post@dalan.no
Direct: jervell@dalan.no

We read all enquiries promptly, and you will get a quick reply. You can also use our chat function.

See also our Guide to Norwegian labour law for foreign employees