Legal News (Workplace Investigations)

The Protected Disclosures (amendment) Bill 2022 was published by the Minister for Public Expenditure and Reform, Michael McGrath TD, on 09 February 2022 and has cast the subject of protected disclosures/whistleblowing into the limelight once again.

The Supreme Court Judgment in the case of Baranya v Rosderra Meats Group (2021) has clarified that an individual raising a personal grievance can also attract the protections of the Protected Disclosure Act 2014.

Investigations have become more complicated in recent times due to the regulated environment in which businesses now operate. This is as a result of the increasing expectations of transparency in all areas of society.

The right to representation in internal employment procedures is one which gives rise to much contention with employers. Often times, it may be preferable for a vulnerable employee to have access to a solicitor in the context of an investigation.

Employers should take note of a recent High Court judgment regarding pre-disciplinary investigations.