By David B. Lewis
This well timed and demanding ebook assesses the impression of laws on public curiosity disclosures the world over, in addition to atmosphere an time table for destiny examine on whistleblowing. Combining either theoretical and functional equipment, this distinct publication bargains a close exam of a few of the most important statutory provisions within the united kingdom and explores the way in which courts have interpreted them. The specialist individuals evaluate the united kingdom version with different techniques taken in Australia, the united states in addition to the remainder of Europe, and concentrate on the teachings that may be realized from the present perform of whistleblowing. They evaluation the contents and alertness of private reporting/whistleblowing tactics, and draw upon major empirical examine. This ebook might be of significant curiosity to teachers, postgraduate scholars, practitioners and policymakers within the fields of employment legislation, human source administration, enterprise ethics and company governance.
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Extra info for A Global Approach to Public Interest Disclosure: What Can We Learn from Existing Whistleblowing Legislation and Research?
Without agreeing to this, the Department of Labor (DOL) could rush the case to trial with limited discovery, which would favor the organizational defendant (Watnick, 2007). A practical problem of SOX is the lack of an explicit provision that allows for the full range of damages including punitive damages. This inhibits lawyers from taking cases on a contingency basis as well as the growth of a specialized bar made up of lawyers who specialize in SOX whistleblower claims. C. s. 1514A(c)(1)). This includes reinstatement, back pay and benefits, and special damages such as attorneys’ and expert witness fees, and litigation costs.
S. M. Dworkin (1994), ‘Who blows the whistle to the media, and why: organizational characteristics of media whistleblowers’, American Business Law Journal, 32, 151–84. pdf, accessed on 8 May, 2009. Ecorys (2006), Evaluatie zelfregulering klokkenluidersprocedures, Rotterdam: Ecorys. European Ombudsman (2009), Annual Report – The European Ombudsman 2008, Strasbourg: European Ombudsman. pdf, accessed on 8 May, 2009. Group d’Etats contre la Corruption (GRECO) (2007), Seventh General Activity Report of GRECO, Strasbourg: GRECO.
An exponent of this drive is GRECO’s Second Round Evaluation. 3 A global approach to public interest disclosure Other European countries’ position on whistleblower protection Position on whistleblowing protection Countries Claim whistleblowing is covered through law obliging the reporting of corruption Claim whistleblowing is covered by code of conduct requiring reporting of corruption Claim specific whistleblower protection is not necessary as Labour Law suffices Are considering/working on additional legislative proposals for whistleblower protection in the public sector Austria, Cyprus, Greece, Luxembourg, Denmark, Hungary, Poland GRECO issued no recommendation on whistleblowing No reports available Number 4 3 Sweden 1 Bulgaria, Czech Republic, Estonia, Latvia, Malta, Portugal, Lithuania (bill was rejected) Finland, Slovak Republic, Slovenia, Spain Italy 6 1 4 1 the organisation’s anti-corruption standards,10 and has observer status to the OECD and the UN.