Whistleblowing The legislation on protected disclosure seeks to protect employees and others who disclose information in good faith for the benefit of the public or part of the public. The disclosure might relate to issues of safety, environmental damage, health hazards to fellow workers or the public. It might apply to financial wrongdoing, fraud or gross inefficiency. There are a […]
2022 Act and Channels The 2022 Act provides that all undertakings in the private sector with 50 or more employees and all public bodies shall establish formal channels and procedures for the making of protected disclosures by their workers. These channels and procedures shall provide for acknowledgement of all reports within 7 days, diligent follow-up of the reports received and […]
Disclosure to Employer or another Responsible Person A disclosure may be made to the worker’s employer where the worker reasonably believes that the relevant wrongdoing which the disclosure tends to show relates solely or mainly to the conduct of a person other than the worker’s employer, or to something for which a person other than the worker’s employer has legal […]
Law Enforcement, There are specific arrangements for the disclosure of information about wrongdoing, other than a disclosure of information about wrongdoing, that might reasonably be expected to facilitate the commission of an offence or to prejudice or impair— the prevention, detection or investigation of offences, the apprehension or prosecution of offenders or the effectiveness of lawful methods, systems, plans or […]
Commissioner / Ombudsman The 2022 Act establishes the Office of the Protected Disclosures Commissioner and how the Disclosures Commissioner shall deal with protected disclosures made or transmitted to him/her. The Protected Disclosures Commissioner shall be the Ombudsman. The Commissioner shall have formal channels and procedures in place for receiving and following up on any disclosures made by workers to the Commissioner. […]
Protection from dismissal There is deemed to be an unfair dismissal where an employee is dismisses because he or she has made a protected disclosure. Persons who are otherwise excluded from the Unfair Dismissal Act are protected in relation to protected disclosures. Compensation may be up to five years’ salary. Where— the dismissal of an employee results wholly or mainly from […]
Grievances and Discipline The WRC and the courts are concerned principally with the fairness of workplace procedures. They do not generally seek to examine grievances, complaints and disciplinary action on their merits. Many, if not most unfair dismissals arise by reason of the failure of the employer to afford fair procedures. The Labour Relations Commission’s Code of Practice on grievance […]
Duty of Good Faith During Employment Employees have an implied duty of fidelity, loyalty and good faith to their employer. This duty lasts during employment. An employee who divulges secret information or seeks to make a profit from its misuse breaches his employment contract. He may be restrained by injunction from divulging the information. If he makes a profit from […]
Overview Contracts in “restraint of trade” are void. This is because it is a fundamental principle, that a person should be free to use his labour or exercise his trade whether as employee or trader. Restraints are permissible where the agreement not to trade is for an objectively justifiable reason and extends no wider than necessary. An agreement not to compete for a period […]
Employment Contracts and Restraint of Trade Restraint of trade clauses are commonly found in employment contracts and in contracts for the sale of a business. The practical effect of a restraint of trade covenant is to restrain competition. Employment contracts are subject to particular scrutiny under the doctrine. In contrast to restraints on the seller of a business, employees are […]
Secondment Secondment is a process by which a person is assigned from one employer to another while retaining the right to return to the first employer. The employee may or may not leave employment with the original employer, depending on the terms of the agreement. He may be placed with the host while still working with the original employer. Alternatively, […]