Protected Disclosures Act 2014 2nd Edition

Author: Anthony Kerr; Lauren Kierans
Publisher: Round Hall Press
ISBN: 9780414118409

Previous Edition ISBN: 9780414065628
Published In: August 2024
Format: Paperback
Jurisdiction: Ireland ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,862.00

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Description
Contents

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Whistleblowing is now considered to be among the most effective, if not the most effective, means to expose and remedy corruption, fraud and other types of wrongdoing in the public, private and non-profit sectors. Whistleblowers, or Bellringers as they are known in the Netherlands, often face, however, severe personal and professional repercussions including, for employees, dismissal.

The Protected Disclosures Act 2014 introduced a single overarching framework for the protection of whistleblowers. In the decade since its enactment, there have been significant decisions of the Labour Court and the Superior Courts, such as the Supreme Court decision in Baranya v Rosderra Irish Meats Group.

More importantly, the European Commission, in April 2018, published a proposal for a Directive on the protection of persons who report breaches of Union law, which was then adopted as Parliament and Council Directive (EU) 2019/1937. The Directive was transposed by the Protected Disclosures (Amendment) Act 2022 by expanding both the material and personal scope of the 2014 Act and by requiring all public bodies, as well as private sector employers with more than 50 employees, to establish formal channels and procedures for the making and receiving of protected disclosures. The Office of the Protected Disclosures Commissioner is also established.

This edition includes the full text of the amended 2014 Act, with each section fully annotated by reference to relevant case law, books, journal articles and parliamentary debates. It is intended to provide a comprehensive and up to date overview of a complex and important area of law which, as the Commissioner indicated in his 2023 Annual Report, is "not straightforward and thus is open to being misunderstood".

Foreword

Table of Cases

PROTECTED DISCLOSURES ACT 20141

Appendix One: Parliament and Council Directive on the Protection of Persons who Report Breaches of Union Law (Directive 2019/1937/EU)

Appendix Two: Industrial Relations Act 1990 (Code of Practice on Protected Disclosures

Act 2014) (Declaration) Order 2015 (S.I. No.

464 of 2015)

Appendix Three: Protected Disclosures Act 2014 (Disclosure to Prescribed Persons) Order 2020 (S.I. No.

367 of 2020)

Appendix Four: Protected Disclosures Act: Statutory Guidance for Public Bodies and Prescribed Persons (November 2023)

Index