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Employers will welcome the decision of the Court of Appeal upholding the EAT’s decision in Kong v Gulf International Bank (summarised here). Subject to any further appeal to the Supreme Court, the ruling confirms that an employer may be able to successfully defend a whistleblowing dismissal claim if it can show that its genuine reason … Read more
A recent EAT judgment in Guardian News and Media Ltd v Rozanov highlights how the Press may be able to rely on the principle of open justice to obtain copies of tribunal documents from a party weeks after a hearing, regardless of whether their interest is the claimant’s legal claim or wider issues of public interest … Read more
The Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (the “Whistleblowing Directive”) was introduced with the aim of establishing safe internal and external channels of reporting for whistleblowers within a variety of different organisations. Under the Whistleblowing … Read more
The Directive (EU) 2019/1937 of 23 October 2019 on the protection of persons who report breaches of Union law (the “Whistleblowing Directive”) was introduced with the aim of establishing safe internal and external channels of reporting for whistleblowers within a variety of different organisations. Under the Whistleblowing Directive, both private and public organisations must provide … Read more
Update: the Court of Appeal dismissed the appeal in this case on 8 July 2022 – see our post here. Dismissal is automatically unfair where the principal reason for the dismissal is a protected disclosure. Where employers take exception to the way in which a claimant makes their disclosure, or the surrounding conversations or conduct, … Read more
In a letter to fellow South Africans on 30 August 2021, President Cyril Ramaphosa described whistle-blowers as “important guardians of our democracy.” The President also said “While numerous systems are in place to enable whistle-blowers to report wrongdoing anonymously, we need to tighten up existing systems and provide greater support to those who publicly come … Read more
The changes that have been thrust upon employers as a result of the Covid-19 pandemic, and the speed with which employers have adapted to them, have undeniably transformed the world of work. Technology has been at the core of much of this. It seems hard to fathom now, but 18 months ago many of us … Read more
This month the Asia EPI bulletin starts with a look at a new case in Singapore in which an employee was awarded SGD $1.4million in damages for unlawful dismissal. A timely reminder to ensure that employers follow due process when terminating employment, even in supposedly employee-friendly jurisdictions. You can read the case update here. Continuing … Read more
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