With protected disclosure law in effect since 2014, Brian O Connor takes a look at the first successful case brought to court.
Whistle blowing encourages and enables employees to raise concerns within their Organisations rather than overlooking a problem. In fact, statistics show employees are the first to realise that there may be something seriously wrong within their Organisation.
However, they may not express their concerns as they feel that speaking up would be disloyal to their colleagues, organisation or more importantly surrounding their remuneration.
What types of concerns are covered?
- Breach of law
- Failure to comply with legal obligations
- Disclosures in relations to miscarriage of justice
- Health & Safety risks, not only risks to employees but also to the public
- Damage to the environment
- Unauthorised use of Company funds
- Fraud and Corruption
- Sexual, Physical, or any type of abuse of clients
- Unprofessional actions with the Company
If an employee is raising a concern then they must adhere to the following-
- Disclose the information in good faith
- Believe it to be substantially true
- Not act maliciously or make false allegations
- Not seek personal gain thereafter
Who is affected by this?
- Employees
- Agency Workers
- Employment Agencies
- Hirers of Agency workers
- Civil and Public Servants
- Members of an Garda Siochana and the Defence Forces
- Interns
Concerns should be treated in confidence and every effort will be made NOT to reveal your identify if you wish. You may however come forward as witness should it be necessary.
If an employee was penalised for whistleblowing the employee can bring a complaint to the Workplace Relations Commissions and could be awarded up to a threshold of 5 years remuneration.
The norm in Employment Law is an award of up to 2 years remuneration so particular note should be taken regards Whistleblowing. A robust Company policy on same should be in place.
Case Law
Employee successful at first ever protected disclosure case in Irish Labour Court, a care worker who disclosed information at the Aras Chois Fharraige nursing home was awarded €17,500 following was the Labour Court deemed protected disclosure, she was placed on suspension initially. Subsequently following investigations she was deemed a “trouble maker”. She made further complaints and following a report issued that the care worker was acting out of malice. The employee disputed this citing she was raising a grievance and was adhering to the grievance policy. The matron of the home said “over my dead body will that person work here again” - following a long period of unpaid suspension this was deemed penalisation but the Court and she was subsequently given the award. This was the first successful claim under the 2014 Act.
For consideration:
A protected disclosure is where a worker has information about a relevant wrongdoing, it’s important to note that a worker understands the distinction between a protected disclosure and a grievance. Your policy should make this distinction clear.
For more information contact the Peninsula advice line on 01-8555050, available 24 hours per day.
