Irish whistleblowing legislation gets green light!
The long awaited Protected Disclosure Act 2014, more commonly known as the Whistleblowing Act is now in force across all sectors.
The Act, which has been designed to promote workplace cultures of accountability and transparency, offers comprehensive protection to workers who blow the whistle.
Employers need to take notice and take steps to become compliant with the legislation.
Key Features of the Act Include:
• Protected Disclosure: disclosure of relevant information, which in the reasonable belief of the worker tends to show relevant wrongdoings and came to the attention of the worker in connection with their employment. The motivation for making the disclosure is irrelevant.
• Worker: the Act protects a wide range of “workers”, including employees, contractors, trainees, agency staff, former employees and job seekers.
• Retrospective in effect: meaning that protected disclosures made earlier this year or last year may be covered by the legislation.
• 5 Years’ Remuneration Award: any worker found to have been dismissed on the grounds of having made a protected disclosure could receive an award of 5 years remuneration. The maximum award under existing unfair dismissals legislation is 2 years remuneration, highlighting the severity the Government are placing on this issue.
• Protections: in addition to protection from any detrimental treatment in the workplace, including dismissal or disciplinary action, whistleblowers will also be exempt from any criminal liability.
• Anonymity: the Act allows for total anonymity of the whistleblower, however this may make appropriate investigations difficult for the employer.
• Methods of Disclosure: the Act sets out a number of avenues open to workers looking to make a disclosure, from raising the issue internally to external options.
Employers need to get “whistleblowing ready” quickly. Existing polices should be reviewed or new policies implemented that are in line with the legislation. Don’t leave gaps for potential exposure.
Bright Contracts will be releasing a comprehensive Whistleblowing Policy shortly.
Bright Contracts - Employment Contracts and Handbooks
Changes afoot in how Irish employment disputes are to be dealt with
It is no exaggeration to say that employee rights have developed in a patchwork fashion over the last 60 years. During that time, new statutory enforcement bodies have been created on an ad hoc basis and the result is that different rights must be enforced in different forums.
However, all that is due to change as the Government has just approved new legislation to reform workplace relations bodies.
There are currently five organisations which deal with workplace disputes in Ireland:
• The Labour Relations Commission (LRC)
• The National Employment Rights Authority (NERA)
• The Equality Tribunal
• The Employment Appeals Tribunal (EAT)
• The Labour Court
The result of having five separate, independent bodies is a very confusing and frustrating system for employees, employers and professionals representing them.
Challenges include:
• A set of circumstances arising between a single employee and single employer can give rise to a number of claims, which must be processed through different bodies
• Lack of consistency between bodies
• Over legalistic service
The new system, which is expected to be in place by the end of 2014, will see the five bodies reduced to two bodies – the Workplace Relations Commission (WRC) which will deal with all first instance complaints, and the Labour Court which will deal with appeals.
Once implemented the new system will result in a more straight-forward, quicker service for employees and employers. The changes will also result in significant savings for the Department of Jobs, estimated at €2m.
For further information on services provided by the new WRC visit www.workplacerelations.ie.
Bright Contracts - Employment Contracts and Handbooks
