New PDF release: A Global Approach to Public Interest Disclosure: What Can We

By David B. Lewis

ISBN-10: 1848448996

ISBN-13: 9781848448995

This well timed and critical e-book assesses the effect of laws on public curiosity disclosures the world over, in addition to surroundings an schedule for destiny study on whistleblowing. Combining either theoretical and sensible tools, this precise ebook deals an in depth exam of a few of the major statutory provisions within the united kingdom and explores the way in which courts have interpreted them. The professional participants evaluate the united kingdom version with the several techniques taken in Australia, the U.S. in addition to the remainder of Europe, and concentrate on the teachings that may be discovered from the present perform of whistleblowing. They evaluation the contents and alertness of exclusive reporting/whistleblowing methods, and draw upon major empirical examine. This publication can be of serious curiosity to teachers, postgraduate scholars, practitioners and policymakers within the fields of employment legislation, human source administration, company ethics and company governance.

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Additional resources for A Global Approach to Public Interest Disclosure: What Can We Learn from Existing Whistleblowing Legislation and Research?

Sample text

Over the period 2002–07, the commission received 43 reports of which ten were deemed acceptable. It has published an advice on seven of these cases but did not find malpractice in any of them. It is important to note that the evaluation report (University of Utrecht, 2008)2 also points out that it remains unclear what kind of protection is offered. While the Integrity Commission can guarantee to keep the identity of the whistleblower confidential, the recipients of the internal procedures (first tier) have no mandate to do that.

It is interesting to note that the Irish Congress of Trade Unions’ position on a stepped approach with regard to ‘good faith reporting’ within a corporate governance framework, is that requiring whistleblowers to raise concern internally before doing so with a regulator is unnecessary when it comes to corporate governance or company law (ICTU, 2007). Another reason why we might think German whistleblowers are safe enough as it is pertains to Germany’s representation of employees’ interests in firms – the compulsory works councils.

Hence the provisions limit raising a concern to the first tier. If the dubious instruction is confirmed at the higher level, they must carry it out but cannot be held accountable for the consequences. In the private sector, German whistleblowers have a hard time making their case. German labour law is, even within Europe, regarded as very much in favour of the employee. German statutory protection against employee dismissal ‘in general aggravates firing much more than, for example US legislation’ (Schmidt, 2005, p.

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A Global Approach to Public Interest Disclosure: What Can We Learn from Existing Whistleblowing Legislation and Research? by David B. Lewis

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