In this episode of KC Connect, Ibec experts Sophie Crosbie and James Cleary discuss the issue of penalisation under various pieces of employment legislation including the Protected Disclosures Acts and the Safety Health and Welfare at Work Act 2005.

The rule against penalisation arise in a wide variety of employment legislation in in addition to specific protection for whistle-blowers and persons raising safety concerns.  

 This places a prohibition on employers from engaging in retaliatory adverse action against an employee for invoking their rights or opposing unlawful acts or giving evidence or taking proceedings in employment law actions.  In considering an allegation of penalisation, there are a number of different legal elements which the Court or Workplace Relations Commission will consider.  We also consider some of the changes made by the Protected Disclosures Amendment 2022 which is due to come into effect on 1 January 2023 .

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