Diploma in Whistleblowing & Protected Disclosures

6
Mar

protected disclosures

Diploma in Whistleblowing and Protected Disclosures


Start date: Tuesday, 26 September 2017

Duration: 10 weeks, Wednesday evenings from 6.30 to 9.30 pm

Course fee: classroom-based €945 (or €995 if paying the course fee in instalments), online €845 (or €895 if paying the course fee in instalments)

Awarding body:  The Institute of Commercial Management (ICM)

Whistleblowing & Protected Disclosure Course Summary

Delivered by leading academics and practitioners, the purpose of the Diploma in Protected Disclosures is to equip students (from a variety of professional and interested backgrounds) with an understanding of the history and nature of the protective legal framework for protected disclosures in Ireland. This will include a comparative analysis of initiatives undertaken at an international level and at a domestic level in other Common Law countries.

Students will consider in detail the provisions of the Protected Disclosures Act 2014 including, in particular, the concept of “protected disclosure”, the protections afforded to those who make protected disclosures (i.e. “whistleblowers”) and the various obligations imposed on Public Service Employers. Students will also consider how Private Employers might benefit from introducing a Protected Disclosures Policy in line with the legislative requirement on Public Service Employers.

Students will also learn about the tug-of-war between the methods used to encourage individuals to make protected disclosures and the methods used to deter them from doing so including, but not limited, litigation. This phenomenon will be highlighted by a study of recent examples of whistleblowing activity on the national and international stages.

At the end of the course, students will have a firm and global understanding of how the Protected Disclosures legislative framework applies in practice.


Who should apply:

Those working in Human Resources including HR Consultants, Managers, Advisors and Assistants.  Those working in Industrial Relations providing representation and advice to employers and/or employees.  Those working in the Public and Private Sectors including employers, managers and employees.

 

 

  • Lecture 1 – Winds of Change: Introduction of Whistleblower Legislation

    • The Basics:
    – What is “whistleblowing”?
    – Why is it important?
    – Why do whistleblowers need protection?
    • Pre-Protected Disclosures Position:
    – Sectoral Approach
    – Gaps
    • Winds of Change:
    – Developments in the UK
    – Initial attempt to bring in Protective Legislation
    – Recommendations of Mahon Tribunal, Nyberg Report etc.
    – Whistleblowers on the National Stage
    • Overview of the Protected Disclosures Act 2014
    – Application
    – Overview of provisions

    Lecture 2 – Whistleblowing: Protected Disclosures

    • Who can make a Protected Disclosure?
    • What is a Protected Disclosure?
    – Relevant Information
    – Retrospective and Extra-territorial Effect
    – Significance of Motive
    • Stepped Procedure for Disclosure
    – Disclosure to Employer or other Responsible Person
    – Disclosure to Prescribed Person
    – Disclosure to Minister
    – Disclosure to Legal Adviser
    – Disclosure in other cases
    • Relevant case studies

    Lecture 3 – Whistleblower Protections for Protected Disclosures

    • Protection from Dismissal
    – Unfair Dismissal under Unfair Dismissals Act
    – Interim relief pending Claim for Unfair Dismissal
    • Protection from Penalisation
    – What is penalisation?
    – Complaint to Workplace Relations Commission
    • Tort Action for suffering Detriment
    – What is “detriment”?
    – Requirement to elect cause of action
    • Protection from Civil Liability
    – Protection from Civil Liability
    – Possibility of Defamation Action
    • Protection from Criminal Liability
    – Defence to criminal prosecution
    • Anonymity
    – General rule
    – Exceptions
    – Right of action
    • Relevant case studies

    Lecture 4 – Whistleblowing – Special Cases

    • Law Enforcement
    – Circumstances where not a protected disclosure
    – Prescribed Person
    • Security, Defence, International Relations and Intelligence
    – Circumstances where not a protected disclosure
    – Disclosures Recipient
    • Amendments of Garda Síochána Act 2005
    – Disclosures by members of An Garda Síochána
    – Ombudsman Commission
    • Amendment of Ombudsman (Defence Forces) Act 2004
    – Disclosures by members of the Defence Forces
    – Ombudsman for the Defence Forces
    • Relevant case studies

    Lecture 5 – Whistleblowing Obligations on Public Service Employers etc.

    • Protected Disclosure Policy
    – Requirement
    – “Protected Disclosure” Policy and “Grievance” Policy distinguished
    – Guidance on how to draft such a policy
    – Implementation
    • Annual Reports
    – Requirement
    – Selection of Reports
    • Prohibition of contracting out of protections
    – General position
    – Legislative provision
    • Protections in other Enactments
    – Preservation of protection
    – Amendments
    • Relevant case studies

    Lecture 6 – Wooing the Would-Be Whistleblower or Waging a War: Incentives and Disincentives

    • Incentivising Whistleblowing
    – Rationale
    – Various Types of Incentive (e.g. immunity from penalisation and prosecution, financial incentives)
    – Critique
    • Deterring Whistleblowing
    – Role of Confidentiality
    – Role of Copyright
    – Role of Data-Protection
    – Role of Defamation
    • Relevant case studies

    Lecture 7 – Mandatory Reporting

    • “Mandatory Reporting” and “Whistleblowing” distinguished
    • Rationale for Mandatory Reporting
    • Various Legal Provisions:
    – Taxes Consolidation Act 1997
    – Offences Against the State (Amendment) Act 1998
    – Criminal Justice (Theft and Fraud Offences) Act 2001
    – Safety, Health and Welfare at Work Act 2005
    – Criminal Justice Act 2011
    – Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012
    – Companies Acts
    • Critique
    • Relevant case studies

    Lecture 8 – Private Employers: The Case for a Whistleblower Policy

    • Impact of Protected Disclosures Legislation
    • Risk of corporate fraud/crime
    – Cause
    – Prevalence
    – Impacts
    • Internal whistle-blowing
    – Role in prevention
    – Role in detection
    – Role in resolving
    • Advantages of Policy
    – Encourages Employees
    – Contributes to Ethical Culture
    – Signals Corporate Responsibility
    • Disadvantages of Policy
    – Potential Misuse
    – Need for Resources
    • Relevant case studies

    Lecture 9 – A Selection of Ireland’s Most Famous Whistleblower

    • An Garda Síochána
    – e.g. Maurice McCabe, John Wilson
    • Healthcare
    – e.g. Áras Attracta Whistleblowers
    • Defence Forces
    – Tom Clonan
    • Financial Sector
    – Eugene McErlean (AIB)

    Lecture 10 – Whistle-Blowing on the International Stage

    • International Initiatives:
    – United Nations
    – European Union
    – Council of Europe
    • Common Law Initiatives
    – UK
    – Australia
    – Canada
    – New Zealand
    – US
    • Whistle-Blowers on the International Stage

  • 115010-Tara-Murphy

    Tara Murphy is a practising barrister, who has worked in advisory, policy and research roles in both the Public and Private Sectors. From 2013 to 2015, Tara worked with the Department of Public Expenditure and Reform. The Department is responsible for a number of initiatives to improve the openness, transparency and accountability of the Civil and Public Service. Based in the Civil Service HR Policy Directorate, Tara provided legal assistance in relation to a range of employment law issues including, but not limited to, the roll-out and implementation of several new HR policies.

    Tara also spent a number of years working with the Law Reform Commission, an independent body established under the Law Reform Commission Act 1975 to keep the law under independent, objective and expert review. The Commission has published a wide range of consultation papers and reports on diverse areas of civil and criminal law. Tara worked on several of these publications, including those relating to the Civil Liability of the Good Samaritans and Volunteers, and Mandatory Sentencing. Tara has presented a number of papers on her work including, in particular, sentencing the corporate fraudster.

    Tara has worked with a number of other organisations including the National Disability Authority and the Department of Foreign Affairs.

    Tara holds a Degree in Law with French Law from University College Dublin, a Master of Laws in International Human Rights Law from the University of Essex and a Diploma in Employment Law from Dublin Institute of Technology. She also studied at the Honorable Society of King’s Inns.

    Tara’s areas of interest include criminal law, employment law, contract law and human rights law. She lectures in corporate fraud investigation and employment law.

  • A pass grade on the written assignment will be required for awarding of the Diploma. A fail grade will result in a Certificate of Attendance for the course but without the Diploma being awarded. Students must attend at least 8 of the 10 evenings to graduate with either the Diploma or Certificate of Attendance unless a serious and verifiable reason for further absence is provided. Similarly, the Project must be handed in on the due date unless a sound reason for lateness is provided. In such instances, an extension may be awarded at the discretion of the lecturer.

  • “Tara’s material is well prepared and she is very knowledgeable on the subject matter.  She presents the class in a professional manner, while maintaining good approachability.  She is excellent at encouraging class discussion around what is a very interesting subject.”

    Tony Coughlan

  • Apply Online

    For more information please contact us on: 1850 25 27 40 or email info@citycolleges.ie

    To download an application form click here

0
Connecting
Please wait...
Send a message

Sorry! We aren't around right now. Leave a message and we'll get back to you, asap.

Your name
* Email
* Describe your issue
Login Chat

Questions? We're here. Send us a message!

Your name
* Email
We're online!
Feedback

Help us help you better! Feel free to leave us any additional feedback.

How do you rate our support?