Whistleblowing protection was introduced by 2010 legislation. A person is not liable civilly in respect of communications written or otherwise to an appropriate person where he is of the opinion that an offence under the prevention of corruption legislation is being committed unless that it is proved that he has not acted reasonably and in good faith in forming the opinion and communicating that to the appropriate person.<\/p>\n
The employee must act in good faith and disclose only to an appropriate person. A person who states that a particular person has committed a corruption offence, knowing the statement to be false, \u00a0himself commits an offence.<\/p>\n
The disclosure must be made to an appropriate person. This includes a member of Garda Siochana, in certain cases, the person’s employer or a nominated person.<\/p>\n
An employer or a person acting in his behalf may not penalise an employee for forming an opinion of the type mentioned above and communicating it.<\/p>\n
Penalisation is prohibited. This includes any act or omission by the employer or person acting on his behalf that affects his employment. It can include dismissal, layoff, suspension, denial of promotion, loss of opportunity or discipline.<\/p>\n
Penalisation of an employee is itself an offence subject on summary conviction to a fine of up to \u20ac5,000 or 12 months in prison or both or on conviction on indictment, of \u00a0a fine of up to \u20ac250,000 or imprisonment for three years or both. Offences by companies are attributed to their officers and controllers.<\/p>\n
There is a provision for redress for penalisation. A complaint may be referred to the Workplace relation Commission.<\/p>\n
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Procedural Aspects Where in proceedings, it is proved that a person has received a donation in excess of the amounts allowed under electoral law (whether general or local elections) and the person fails to disclose the donation to the Public Offices Commission or local authority and the donor had an interest in the person doing […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[363],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1353"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=1353"}],"version-history":[{"count":8,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1353\/revisions"}],"predecessor-version":[{"id":22231,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1353\/revisions\/22231"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=1353"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=1353"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=1353"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}