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Penalisation Claims under the Irish Whistleblowing Legislation

AUTHOR(S): Bryan Dunne, Brian Buggy, Deirdre Cummins, Niall Pelly
PRACTICE AREA GROUP: Employment, Pensions and Benefits
DATE: 12.12.2016

In the latest episode of the Matheson Employment Law Podcast Series, Bryan Dunne reviews a recent decision of the Irish Labour Court. This case is the first to consider a penalisation claim under the Protected Disclosure Act 2014, the Irish statutory whistleblower code.  Bryan also takes a look at a separate case decided recently by Cork Circuit Court, in which an employee obtained the second statutory injunction issued under the legislation to date to prevent her employer for dismissing her for making a protected disclosure. These two cases, together with the case reviewed in the last podcast, which also dealt with a statutory injunction for a whistleblower, indicate that the age of whistleblowing claims has well and truly arrived.

The Matheson employment team has unrivalled experience in representing employers in whistleblowing claims, with three of our senior employment specialists (Niall Pelly, Partner and Russell Rochford and Alice Duffy, Senior Associates) having practiced for a number of years in the UK, advising employers on high value whistleblowing claims under the long established equivalent UK legislation. They have extensive experience of advising on the strategic issues involved in managing internal whistleblowing procedures, how such complaints can interact with disciplinary and performance management procedures and covering off whistleblowing protections under compromise agreements.

The review also considers the European Banking Authority’s Guidelines on Sound Remuneration Practices which are due to take effect from 1 January.

Listen to the podcast to find out the facts, key outcomes from the case and what this means for you as representatives of large employers in Ireland. A copy of the decision can be accessed here. You can also access earlier episodes going back to 2013 here.

The podcasts are also available to download on iTunes and Soundcloud.

Request a copy of the transcript for this recording

The Irish Employment Law Podcast Series is produced by Bryan Dunne, Head of Employment at Matheson. In the series he discusses the latest developments in employment law. The podcasts are a key resource in keeping up to date for HR practitioners, employment lawyers and international employers with employees in Ireland.

Disclaimer: These podcasts present an overview of the cases and law and do not constitute legal advice. How the law will apply in any particular case will depend on the individual circumstances. Listeners should seek legal advice if any of the matters discussed are relevant to them.  

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