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

Hong Kong: HR Agenda for the year of the OX

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

DIFC Court: Whistleblowing Protections – A follow up from the Court of Appeal

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

Australia: Federal Court finds new whistleblower protections will not apply to detrimental conduct occurring before the commencement date of 1 July 2019

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 These amendments also repealed the specific whistleblowing protections in the Banking Act 1959 (Cth), Insurance Act 1973 (Cth), Life Insurance Act 1995 (Cth) … Read more

UK: employers should comply with Acas Code when handling whistleblowing complaints

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