At Lavelle
Partners, we understand that those who are brave enough to raise a genuine
concern regarding unlawful or dangerous conduct by their employer, should not
be penalised for doing so. Whether
concerns are being raised in relation to the actions (or inactions) of a member
of staff, a customer, or third-party, the information disclosed should be
treated seriously and acted upon properly.
If you have
yourself ‘blown the whistle’ for conduct you genuinely believed was illegal or
posed a risk to others and have been treated poorly or retaliated against as a
response, our specialist team of Solicitors will be able to assist you. We will listen carefully to the details of
your case and advise you of your next legal options. And if you choose to engage our services, you
can be assured our team has the experience and determination to defend your
best interests and, where necessary, rebuild your sound reputation.
What is the law on whistleblowing in Ireland?
In Ireland, this area of law is covered by the Protected Disclosures Act
2014. This Act states that if an employee
discloses relevant information, which they believe to be true, including one or
more wrong doings in relation to their employment, they are afforded protection
under law. Wrong doings which may be disclosed
include:
- an offence has
been, is being or is likely to be committed,
- a person has
failed, is failing or is likely to fail to comply with any legal obligation,
- a miscarriage
of justice has occurred, is occurring or is likely to occur,
- the health or
safety of any individual has been, is being or is likely to be endangered,
- the
environment has been, is being or is likely to be damaged,
- an unlawful or
otherwise improper use of funds or resources of a public body, or of other
public money, has occurred, is occurring or is likely to occur,
- an act or
omission by or on behalf of a public body is oppressive, discriminatory or
grossly negligent or constitutes gross mismanagement, or
- information
tending for any of the above matters has been, is being or is likely to be concealed
or destroyed.
What protection is afforded by the Protected Disclosures Act 2014?
The act prevents employers from seeking to penalise or threaten (or
inciting another person to do so on their behalf) an employee who has made a
protected disclosure. And if the
employer attempts to dismiss the individual, this will be treated as unfair
dismissal, under the Unfair Dismissals Act 1977.The 2014 Act contains a provision
entitling an employee who has been dismissed for making a Protected disclosure to
compensation of up to five years salary.
The Act also contains specific provisions enabling the Circuit Court to
grant a statutory injunction restraining an employee’s dismissal in
circumstances where they can demonstrate that their dismissal is as a consequence
of the fact that they have made a protected disclosure.
How Lavelle Partners can assist you in relation to whistleblowing matters
- For over 30 years, our team of employment
law Solicitors, headed by Senior Partner, Marc Fitzgibbon, have been supporting
whistle-blowers in the workplace. Over that time, we have developed an enviable
reputation for providing legal excellence and empathetic support for our valued
clients.
- Marc
is a former member of the Law Society of Ireland’s Employment & Equality
Law Committee and the European Employment Lawyers Association.
- We
understand the emotional impact of uncertainty in relation to whistleblowing
and will handle your case with the utmost empathy and determination to defend
your rights.
- We
can advise you either after making a protected disclosure, or before doing so;
explaining your rights and options under law.
- From
the first moment you speak to one of our workplace whistleblowing Solicitors,
we will listen to your case carefully and with the greatest of empathy. Furthermore, we understand that
whistleblowing matters need to be managed with the utmost confidentiality.
For further
information on workplace whistleblowing in Ireland, please contact Lavelle
Partners in confidence on (01) 644 5800.
