Whistleblowing case law in Ireland: loss, litigation, and lessons learned

The purpose of the Protected Disclosures Act 2014 is to provide protection to workers who make protected disclosures. The question arises, however, is it fulfilling this purpose? To answer this, an analysis of the case law under the Act between 15 July 2014 and 15 July 2020 was undertaken. Specific...

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Опубликовано в: :URI:https://journals.openedition.org/rdctss,
Главный автор: Kierans, Lauren
Формат: Article ou chapitre numérique
Язык:Anglais
Опубликовано: Revue de droit comparé du travail et de la sécurité sociale 2022
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Online-ссылка:Accès Université d'Orléans et IFPM
Accès Université d'Orléans et IFPM
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Итог:The purpose of the Protected Disclosures Act 2014 is to provide protection to workers who make protected disclosures. The question arises, however, is it fulfilling this purpose? To answer this, an analysis of the case law under the Act between 15 July 2014 and 15 July 2020 was undertaken. Specific issues were assessed, including, the forum where the claim was brought, the type of claim, and the success rate. The case law analysis establishes that employees, as opposed to workers other than an employees, are much better protected under the Act. It is argued that this inequity needs to be addressed through statutory amendments so that there is parity of protection afforded to all workers who make protected disclosures.