Workers are protected against detriment and (in the case of employees) from being dismissed where they have “blown the whistle” on misconduct, whether in the public or private sector (e.g. financial sector), where this is deemed to be a protected disclosure. As a result of the introduction of whistleblowing laws in many jurisdictions, employers have introduced whistleblowing procedures to encourage employees to come forward with their concerns internally.  When an internal investigation is being conducted and employees may be considering how best to protect their own position, there is a heightened risk that they will whistle blow to the authorities. Companies will need to manage this risk to ensure that the confidentiality of the internal investigation is not compromised.
With the protection afforded to whistle blowers varying from one jurisdiction to another, so do the potential risks of criminal exposure from mishandling information they use to support their disclosures. The approach taken in each jurisdiction to reporting infringements and to enforcing the rights of whistle blowers varies, as do the potential financial incentives, which can raise further issues.
The issue of whistle blowers is a complex and growing problem, that requires careful consideration. Our Panellists will identify the key issues and seek to offer solutions based on their experience.