Following the decision in Chesterton v Nurmohamed, the Employment Appeal Tribunal held in Parsons v Airplus International that if the only motivation for making a disclosure is self - interest, it will not qualify as a protective disclosure
against whistleblowing.
This judgment confirms that an incorrect analysis (even in good faith) by an employer of whether a disclosure was protected provided no protection
against a whistleblowing claim.
Not exact matches
Now it's called
whistleblowing, and it can be just as perilous as testifying
against the mob.
More precisely, they claim that they are entitled to basic employment rights, which include the right to be paid the national minimum wage, to receive sick pay and paid holidays and to protection
against discrimination and in relation to
whistleblowing, all of which are currently denied to them by Deliveroo.
(3) a sense of disloyalty fostered by management
against employees that stand up to mistreatment or what they think are violations of the law (retaliation or
whistleblowing).
The EAT has held that
whistleblowing claims can be brought
against co-workers who are based abroad...
In Cornwall, Ont., for example, attention has focused on a high - profile
whistleblowing case in which the city pleaded guilty to retaliating
against an employee who complained about an incident of nursing home abuse.
In the recent case of Bamieh v EULEX Kosovo and ors, the Employment Appeal Tribunal («EAT») found that an employee could bring
whistleblowing detriment claims
against co-workers for events which allegedly took place whilst on secondment in Kosovo.
We successfully defended a council
against claims by an employee for bullying and harassment, race discrimination, victimisation, disability discrimination,
whistleblowing and unfair dismissal, following a long period of sick leave.
This also militated
against the Reverend being a worker with
whistleblowing protection (s43 (K) ERA).
Teacher v Further Education College Advised in conference and drafted claim for a teacher bringing
whistleblowing claims
against a further education college, with complicated facts including a complex disciplinary matter.
Advising two Claimants bringing a complex
whistleblowing claim
against a business in the Financial Services sector.
Solicitor Partner v Solicitors LLP Represented a solicitors limited liability partnership facing high - value and bitterly - contested claims from a partner involving serious allegations of financial and regulatory impropriety
against the LLP,
whistleblowing and expulsion from the partnership.
While protection
against reprisals appeared as one of the new legislation's aims, many commentators regret that the adopted project does not offer increased protection to a whistleblower and will, therefore, not encourage
whistleblowing in Switzerland.
Some of these commenters were concerned that there was no protection
against information later being leaked to the public or re-released after the initial
whistleblowing event, and that this could put covered entities in violation of the law.
Mr. Azar's pro bono work has also included successfully persuading the Ninth Circuit Court of Appeals to allow a disabled prisoner's federal civil rights case to proceed, resulting in a published decision on a matter of first impression; assisting tenants in disputes with their landlords; and assisting a translator in defending
against contempt proceedings relating to her alleged
whistleblowing about safety defects in automobiles.
The tribunal held
against them on the facts, being of the opinion that the employer had shown that the move was because of the unacceptable situation in the department, not the actual
whistleblowing.