By David B. Lewis
This well timed and demanding ebook assesses the effect of laws on public curiosity disclosures across the world, in addition to surroundings an time table for destiny learn on whistleblowing. Combining either theoretical and useful equipment, this distinct publication bargains a close exam of a few of the foremost statutory provisions within the united kingdom and explores the way in which courts have interpreted them. The professional participants examine the united kingdom version with the several techniques taken in Australia, the USA 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 personal reporting/whistleblowing systems, and draw upon major empirical study. This booklet may be of significant curiosity to lecturers, postgraduate scholars, practitioners and policymakers within the fields of employment legislation, human source administration, company ethics and company governance.
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Extra resources for A Global Approach to Public Interest Disclosure: What Can We Learn from Existing Whistleblowing Legislation and Research?
There is great potential for broad application to whistleblowing about nonsecurities issues. Also, it applies to any company including nonprofits, US whistleblowing 39 and individuals, not just the organization. It can also possibly apply to non-organization members since the language used is ‘any person’. While this section has the potential to become the most important of all the SOX provisions in terms of whistleblowing, and could develop into a general whistleblower protection statute, so far it has not been broadly interpreted.
If the employee discloses gross mismanagement or waste of stimulus funds, a substantial danger to public interests related to use of the funds, an abuse of authority, or a violation of a law, rule or regulation relating to the funds, to a government agency, a court or grand jury, or a person with supervisory authority over the employee, the whistleblower is protected from retaliation. With one exception, this is not significantly different from the laws discussed above. 12 FALSE CLAIMS ACTS The False Claims Act (FCA) is a federal law that provides incentives for whistleblowing.
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.