Written answers

Tuesday, 23 January 2018

Department of Health

Protected Disclosures

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

376. To ask the Minister for Health if his attention has been drawn to complaints from whistleblowers regarding being penalised after making a complaint under the Protected Disclosures Act 2014; if there is a process available for staff that are of the view they are being penalised; the details of same; and if he will make a statement on the matter. [2960/18]

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Without breaching confidentiality, I can confirm I have been made aware of cases where a person who has made a protected disclosure is alleging being penalised or harassed in their workplace as a result of making the protected disclosure.

Government policy is that protected disclosures and the relevant wrongdoings reported therein are taken seriously by public bodies. The Protected Disclosures Act 2014 sets out that a worker making a protected disclosure will receive appropriate protections and cannot be penalised as a result of having reported relevant wrongdoings under the Act.

Section 5 of the 2014 Act provides protection for workers who disclose information in relation to the following wrongdoings:

a) The commission of an offence;

b) The failure of a person to comply with any legal obligation, other than one arising under the worker's contract of employment or other contract whereby the worker undertakes to do or perform personally any work or services;

c) A miscarriage of justice;

d) A danger to the health and safety of any individual;

e) Damage to the environment;

f) An unlawful or otherwise improper use of funds or resources of a public body, or of other public money;

g) An act or omission by or on behalf of a public body that is oppressive, discriminatory or grossly negligent or constitutes gross mismanagement; or

h) Information tending to show any matter falling within any of the preceding paragraphs (a) to (g) has been, is being, or is likely to be concealed or destroyed.

A worker must make a disclosure in the manner set out in the Act to be entitled to the protections of the Act. Different standards apply depending on the person or body to whom the worker makes the disclosure.

There is an onus on employers in public bodies under my aegis to assess any disclosure made, to conduct an investigation where warranted and to address all findings of that investigation that require attention. In doing so they must keep the identity of the individual confidential insofar as is possible and of course the person must not be penalised by their employer for reporting relevant wrongdoings. All public bodies, including the HSE have developed policies and procedures for dealing with protected disclosures.

If employers fail to protect the worker or if worker is penalised for making a protected disclosure, Part 3 of the Act sets out the protections and potential redress available. The Department of Public Expenditure's guidance notes that Procedures should include a commitment that penalisation of workers who make a disclosure will not be tolerated and workers who feel that they are being subjected to adverse treatment should report the matter immediately to management. The Procedures should further contain a commitment to assess / investigate such notifications and to take appropriate action (which may include disciplinary action against supervisors and co-workers) where necessary. The HSE includes this advice to its workers on its website. If a complaint is made by a person to the HSE of penalisation contrary to the 2014 Act, then that complaint will be dealt with, having regard to the continued obligation to protect the identity of the discloser under the Act.

In addition, if an employee feels that the employer has penalised him/her for making a protected disclosure, the employee may refer the matter to an Adjudicator of the Workplace Relations Commission. Generally speaking such action by the employer would encompass any action which could be interpreted as penalisation by the employer against the employee for having made a protected disclosure.

The Workplace Relations Commission has published a Code of Practice on Protected Disclosures Act 2014. The Code notes that p enalisation is defined in the Act and includes, for example, suspension/layoff/dismissal, demotion, transfer of duties, imposition of reprimand discipline or other penalty, unfair treatment, discrimination and harassment threat or reprisal. An Adjudicator will hear the case and issue a decision. A decision could declare that the complaint was not well founded, or if declared well founded, it could require the employer to take a specified course of action, including payment of compensation. The decision of an Adjudicator may be appealed to the Labour Court.

This Code is accessible at the following website: .

Comments

No comments

Log in or join to post a public comment.