Revision Note
In this part, "part" substituted for "chapter" pursuant to §23G-15.
Law Journals and Reviews
Wrongful Termination Law in Hawaii. V HBJ, no. 13, at 71 (2001).
Employee Rights Under Judicial Scrutiny: Prevalent Policy Discourse and the Hawai‘i Supreme Court. 14 UH L. Rev. 189 (1992).
Confidentiality Breeds Contempt: A First Amendment Challenge to Confidential Ethics Commission Proceedings of the City & County of Honolulu. 18 UH L. Rev. 797 (1996).
Case Notes
Respondent's claims for discharge in violation of public policy and in violation of the Hawaii Whistleblower [sic] Protection Act were not preempted by the Railway Labor Act. 512 U.S. 246 (1994).
Plaintiff's Hawaii Whistleblowers' Protection Act and Parnar v. Americana Hotels, Inc. claims were preempted by §1305(a)(1) of Airline Deregulation Act of 1978. 870 F. Supp. 295 (1994).
The Act does not provide employees with a protected property interest, as it does not create an enforceable expectation of continued public employment. 120 F. Supp. 2d 1244 (2000).
Plaintiff could not maintain the present action where plaintiff had agreed to "forever release, acquit, and discharge" the claims in the mutual release and settlement agreement in plaintiff's first action. 686 F. Supp. 2d 1079 (2010).
Portions of plaintiff's Whistleblowers' Protection Act claims based on the alleged sexual orientation statements and the complaint and investigation regarding plaintiff's alleged discrimination against two individuals were time-barred. 892 F. Supp. 2d 1245 (2012).
Protection afforded under this Act not restricted to at-will employees. 74 H. 235, 842 P.2d 634 (1992).
Where plaintiff was removed from project, State did not violate the Act or the First Amendment to the U.S. Constitution when it reassigned the project to someone else. 76 H. 332, 876 P.2d 1300 (1994).
A. General Provisions
Note
Sections 378-61 to 378-69 designated as Subpart A by L 2011, c 166, §3.
§378-66 Collective bargaining and confidentiality rights, takes precedence. (a) This subpart shall not be construed to diminish or impair the rights of a person under any collective bargaining agreement, nor to permit disclosures which would diminish or impair the rights of any person to the continued protection of confidentiality of communications where statute or common law provides such protection.
(b) Where a collective bargaining agreement provides an employee rights and remedies superior to the rights and remedies provided herein, contractual rights shall supersede and take precedence over the rights, remedies, and procedures provided in this subpart. Where a collective bargaining agreement provides inferior rights and remedies to those provided in this subpart, the provisions of this subpart shall supersede and take precedence over the rights, remedies, and procedures provided in collective bargaining agreements. [L 1987, c 267, pt of §1; am L 2011, c 166, §8]
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