Our experts offer a quick explanation of protected disclosures, with a case study to help illustrate how they work in practice and how the courts consider these situations...
The Protected Disclosure Act 2014 is a powerful piece of legislation with a wide range of remedies for employees - one of which is an interim relief order preventing dismissal, pending a claim for unfair dismissal for having made a protected disclosure, also known as ‘whistleblowing’.
The injunction must be made within 21 days of dismissal, and an employee can be awarded up to 5 years salary if successful in the WRC (Workplace Relations Commission) for a claim of unfair dismissal by virtue of a protected disclosure.
An example case
In Catherine Kelly v Alienvault Ireland Limited and Alien Vault Inc, Ms Kelly was granted interim relief under the Protected Disclosures Act, 2014.
Ms Kelly, an office manager, made some complaints to her employer about health and safety issues in the office workplace. The employer dismissed her and claimed that the decision to dismiss her was made some days before her complaints.
However, Cork Circuit Court found that she had substantial grounds for claiming that her dismissal was linked to her protected disclosure, and granted her an interim relief order preventing the dismissal and keeping her on full pay until her case was heard in full by the WRC.
It’s important to understand that the employee’s motive is irrelevant when it comes to determining whether it’s a protected disclosure or not. This act has serious potential consequences for employers, particularly if an employee is dismissed - for whatever reason - after (and not necessarily immediately after) making a protected disclosure.
So as an employer, what should you do to protect yourself? Our advice is to ensure that you have a clear whistleblowing policy in place.
If you have any questions regarding protected disclosures and unfair dismissals, please don’t hesitate to contact our 24 Hour Advice Service on 0818 923 923 where an advisor will be happy to help.
