Protected Disclosures

A Protected Disclosure is defined in the Protected Disclosures Act, 2014 as a disclosure of relevant information which, in the reasonable belief of the worker, tends to show one or more ‘relevant wrongdoings’, which came to the attention of the worker in connection with the worker’s employment and is disclosed in the manner prescribed in the Protected Disclosures Act, 2014.

For the purposes of this Act information is “relevant information” if;

in the reasonable belief of the worker, it tends to show one or more relevant wrongdoings, and
it came to the attention of the worker in connection with the worker’s employment.

The following matters are relevant wrongdoings;

(a)   that an offence has been, is being or is likely to be committed
(b)   that a person has failed, is failing or is likely to fail 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)   that a miscarriage of justice has occurred, is occurring or is likely to occur
(d)   that the health or safety of any individual has been, is being or is likely to be endangered
(e)   that the environment has been, is being or is likely to be damaged
(f)   that an unlawful or otherwise improper use of funds or resources of a public body, or of other public money, has occurred, is occurring or is likely to occur
(g)   that an act or omission by or on behalf of a public body is oppressive, discriminatory or grossly negligent or constitutes gross mismanagement, or
(h)   that information tending to show any matter falling within any of the preceding paragraphs has been, is being or is likely to be concealed or destroyed.

A ‘protected disclosure’ under this policy may be about a relevant wrongdoing;

that is occurring now;
that happened in the past;
that may happen in the future.

Section 5(5) of the Protected Disclosures Act provides as follows:

A matter is not a relevant wrongdoing if it is a matter which it is the function of the worker or the worker’s employer to detect, investigate or prosecute and does not consist of or involve an act or omission on the part of the employer.