Protected Disclosure Cases

1. Introduction Directive 2019/1937 on the protection of persons who report breaches of Union law (the Whistleblowing Directive) sets out a minimum harmonised regime for the protection of whistleblowers across the EU. Article 21 of the Directive sets out the substantive protections to which reporting persons are entitled. This article addresses the Article 21 protections,

1. Introduction Section 5(3) of the Protected Disclosures Act 2014 sets out the categories of wrongdoing that may be the subject of a protected disclosure. Identifying the relevant wrongdoing is the gateway question in any protected disclosure complaint. A disclosure that does not fall within Section 5(3) is not protected; a disclosure that does fall

1. Introduction The Labour Court decision in Financial Services Union v Hanna PDD201 is a useful illustration of the application of the protected disclosure regime in the financial services sector. The case addresses the relationship between regulatory disclosures and protected disclosures and the scope of the Section 12 protections in a regulated environment. This article

1. Introduction The case of A Massage Therapist v A Massage Therapy Business (ADJ-00043225) is a useful illustration of the operation of the detriment provisions under Section 12 of the Protected Disclosures Act 2014. The case addresses the relationship between the disclosure and the detriment and the application of the burden of proof. This article

1. Introduction Schedule 2 to the Protected Disclosures Act 2014, as amended by the 2022 Act, sets out the forms of penalisation prohibited by Section 12. The Schedule is comprehensive and includes both formal and informal forms of detriment. This article addresses the operation of the Schedule and the compensation available for breach. The article

Protection Disclosure and Service Requirement Ordinarily, an employee needs at least 12 months’ service in order to bring a claim under the Unfair Dismissals Act (the Act). However, that service requirement can be negated if an employee can show that they were dismissed for their having raised a protected disclosure. In A General Manager -v-

Protected Disclosure Resources: What is a Protected Disclosure? Guide to Protected Disclosures under Irish Employment Law Bringing a Protected Disclosures Claim Protected Disclosures Cases and Claims What is a “Protected Disclosure”? “Protected disclosure” is defined as being a disclosure of relevant information made by a worker in accordance with Sections 6, 7, 8, 9 or

Protected Disclosure Resources: What is a Protected Disclosure? Guide to Protected Disclosures under Irish Employment Law Bringing a Protected Disclosures Claim Protected Disclosures Cases and Claims Introduction A recent case before the Labour Court (the Court) on appeal from the Workplace Relations Commission (WRC) examines the factors that will be considered when deciding whether an