First Tuesday Q&A

The claimant was dismissed by reason of gross misconduct and in particular.

In a situation when an employee makes a protected disclosure and subsequently, while the protected disclosure is being investigated goes on sick leave due to stress, could a lowering of the employee's income because they will be paid illness benefit (which is lower than their normal salary) constitute penalisation of the person making the protected disclosure?

Posted in: First Tuesday Q&A ROI on 03/01/2017 Under the Protected Disclosures Act 2014, penalisation is defined as follows: (a) suspension, lay-off or dismissal,(b) demotion or loss of opportunity for promotion,(c) transfer of duties, change of location of place of work, reduction in wages or change in working hours,(d) the imposition or admin...
This article is listed under the following topics:
Whistleblowing (Protected Disclosures)

If a complaint of bullying forms part of a protected disclosure must we conduct two separate investigations?

Posted in: First Tuesday Q&A ROI on 06/12/2016 It will be necessary to determine whether all elements of the complaint/disclosure are disclosures of information relating to relevant wrongdoing which has taken place. A complaint of bullying could be deemed to be a disclosure of relevant wrongdoing, as defined by the Protected Disclosures Act 201...
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Whistleblowing (Protected Disclosures)

I heard about a Northern Ireland whistleblowing case recently where the claimant's case failed because it was not made in good faith. I thought that requirement no longer applied in the UK or Ireland? What is the situation in Ireland - must a whistle-blower make allegations in good faith or might they be motivated by greed etc.

Posted in: First Tuesday Q&A ROI on 06/10/2015 Whistleblowing in Ireland is governed by the Protected Disclosures Act 2014 (“the Act”). The aim of the Act is to protect workers in both the public and private sectors against reprisal in circumstances where they disclose information relating to wrongdoing which comes to their attention in the wor...
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Whistleblowing (Protected Disclosures)

Can an employee be legally dismissed for whistleblowing?

Posted in: First Tuesday Q&A ROI on 07/05/2014 There is no currently no stand-alone employment legislation in Ireland specific to whistleblowing or protected disclosures, however, employment/criminal does offer some protection to “whistle-blowers” in certain sectors from retribution by their employer. As stated above, certain protections (such ...
This article is listed under the following topics:
Unfair Dismissal Discrimination and Equality Whistleblowing (Protected Disclosures)

In relation to the proposed whistleblower's Bill is bribery e.g. in Far East, covered in the bill? Would an employee making a disclosure under other legislation be better protected under a Whistleblowing Act?

Posted in: First Tuesday Q&A ROI on 05/02/2013 There is no designated whistleblowing legislation in Ireland presently; however legislation provides protection for whistleblowing employees in certain sectors, for example the Standards in Public Office Act 2001, Section 27 of the Safety Health and Welfare at Work Act 2005, the Health Act 2007 and...
This article is listed under the following topics:
Whistleblowing (Protected Disclosures)

Should Whistleblowing be added as a new policy to employee handbooks or as an addition to, for example, our Data Protection policy?

Posted in: First Tuesday Q&A ROI on 05/02/2013 Yes. It is good practice to have a whistleblower policy. The Protected Disclosure in the Public Interest Bill 2012 places responsibility on employers to put effective internal mechanisms in place to investigate whistleblowing complaints and to develop an organisational culture that supports whis...