Whistleblowers do not need expressly to identify in their disclosure the specific type of legal wrongdoing alleged in order to be protected from detriment or dismissal. The key issues are what information has been disclosed, whether the claimant believes this information tends to show one of the listed categories of wrongdoing (such as breach of … Read more

A whistleblower will only be protected from detriment or unfair dismissal if they can show that they reasonably believed they were making the disclosure “in the public interest”.  The ruling in Dobbie v Paul Felton t/a Felton Solicitors highlights that this test may be met even where the disclosure is of wrongdoing in relation to only … Read more

Last year was full of the unexpected. In this bulletin, our Hong Kong employment team reflects on some key themes that emerged last year and considers how these will keep Hong Kong employers busy in the year ahead. Health and safety As the global pandemic continues, worker health and safety will continue to dictate working … Read more

The Court of Appeal reconsiders the CFI’s power to grant damages for breach of whistleblowing protections. Last April, we reported on the judgment of the Court of First Instance (“CFI“) of the Dubai International Financial Centre (“DIFC”) in the case of Bassam Khalifa v S.W.I.F.T (Dubai) Limited (the “CFI Decision”). The CFI Decision indicated that the CFI has the power … Read more

On 1 July 2019, the amended form of Part 9.4AAA of the Corporations Act 2001 (Cth) (Corporations Act), which sought to provide whistleblowers with greater protection than its predecessor, came into force. These amendments also repealed the specific whistleblowing protections in the Banking Act 1959 (Cth), Insurance Act 1973 (Cth), Life Insurance Act 1995 (Cth) … Read more

Employers should follow the Acas Code on grievances when handling whistleblowing disclosures;  any failure to do so could lead to an uplift of up to 25% to the compensation award for whistleblowing claims.  Employers with separate whistleblowing policies should check they comply with the Acas Code requirements. The EAT in Ikejiaku v British Institute of … Read more

In Rihan v Ernst & Young (Global) Ltd, the High Court awarded a former partner of Ernst & Young (EY) damages exceeding $11 million, broadly equating to past and future earnings for the rest of his career. The claimant, Mr Rihan, was a whistleblower who publicly disclosed suspected irregularities arising out of an audit for … Read more

Detriment for making a whistleblowing protected disclosure is unlawful, but in some cases it may be possible to establish that the reason for the treatment was the manner of making the disclosure and that this is distinct from the disclosure itself, thereby side-stepping whistleblowing protection. The EAT decision in Riley v Belmont Green Finance t/a … Read more