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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
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, the key issue becomes whether this can properly be separated, as the reason for dismissal, from the disclosure itself. If … 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
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
