UK: dismissal for whistleblower’s manner or conduct may not be automatically unfair even if the whistleblower’s behaviour was not objectively unreasonable

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

The Whistleblowing Directive (EU) 2019/1937: A review across the EU

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 Whistleblowing Directive (EU) 2019/1937: A review across the EU

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

UK: dismissal for questioning a colleague’s competence in connection with a protected disclosure was not automatically unfair

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

South Africa: whistleblowers – how do we guard the guardians?

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

Australia: Technology in the Workplace – Friend or Foe?

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

Asia Employment, Pensions and Incentives Update April 2021

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