whistleblowing law and practice

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Whistleblowing

Author : John Bowers QC
ISBN : 9780191634666
Genre : Law
File Size : 62. 83 MB
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This book provides a detailed survey of the law relating to public interest disclosure. It examines how the new system has developed since the coming into force of the Public Interest Disclosure Act 1998 (PIDA), and provides up-to-date practical guidance on the key issues that arise in practice. Analysing the legal framework in the area, both under PIDA and the disparate sources of law that can apply, it provides in-depth commentary on case law and legislative developments. It examines the structure of PIDA, litigation procedure and remedies under the Act, data protection, confidentiality, copyright, defamation issues, and the Human Rights Act 1998, as well as the contractual and fiduciary duties of employees, statutory obligations (both regulatory and criminal), and the Corporate Governance Codes. Since the publication of the first edition, there have been substantial developments in the area, including those regarding whether a disclosure tends to show a Public Interest Disclosure, the burden of proof, remedies, and alternative dispute resolution. This new edition also covers the employment tribunals' new powers to pass PIDA claims to the appropriate regulator, where the claimant consents, and provides extensive coverage of a number of important decisions emerging from the Court of Appeal and the Employment Appeal Tribunal, including Babula v Waltham Forest College, Ezsias v North Glamorgan NHS Trust and Fecitt and others v NHS Manchester. Written by an author team with extensive experience in the area, and making use of checklists and worked examples, the book is an essential reference work for employment practitioners dealing with cases involving public interest disclosure issues. It will also be of interest to private and public sector employers seeking guidance on whistleblowing procedures and policies.

Whistleblowing Around The World

Author : Richard Calland
ISBN : STANFORD:36105063840883
Genre : History
File Size : 25. 12 MB
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This book represents a unique North-South-East-West comparative review of the state of whistle blowing around the world. It looks as American, Australian, British, Japanese and South African approaches, focusing on what legislative protection and civil society support is available to whistleblowers in the public interest, how these work, and where they fail in practice. The book contains accounts by four whistleblowers from around the world, including Cape Town and the US. It includes an account by Harry Templeton, the whistleblower on Robert Maxwell?s notorious activities at The Mirror Group Newspapers magnet in the UK, and Sherron Watkins, the Enron whistleblower, and legal responses from around the world. The book also intends to document the less reported, and mostly unsung actions of ordinary members of civil society. It intends to contribute to the international debate about whistle blowing and the global anti-corruption agenda. This is a North-South collaborative publication between The Open Democracy Advice Centre (ODAC), in Cape Town, South Africa and Public Concern at Work (PcaW) in London, in the UK. The editors are the respective directors of the two organizations. The book was further supported by the British Council, and a foreword provided by their Chair, Baroness Helena Kennedy QC.

The Successes And Failures Of Whistleblower Laws

Author : Robert G. Vaughn
ISBN : 9781849808385
Genre : Political Science
File Size : 25. 28 MB
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"A new roadmap for understanding the diverse perspectives and disparate bodies of law involved in any legal regime aimed at encouraging people in organisations to speak up about wrongdoing, making it possible for them to do so, and supporting and protecting them when they do. More than just a rich and readable history of whistleblowing laws, in the USA and around the world. Steeped in Robert Vaughn's personal experience as a lawyer and researcher over a 40 year period, this book stands to help solve some of the greatest conundrums in this vital area of legal regulation - one of the most complex in modern society, but one of the most crucial to integrity, accountability and organisational justice in all institutions. Compulsory reading for all policymakers, regulators, corporate leaders, researchers and activists engaged in improvement and implementation of public interest whistleblowing laws." - A.J. Brown, Griffith University and Transparency International Australia "Unlike other books on whistleblowing that simply describe and analyze whistleblowing laws, Robert Vaughn's new book provides an in-depth and unique historical account of the roots of the whistleblowing movement in such disparate events as the Mai Lai massacre, the civil rights movement, and the experiments of Stanley Milgrim. As important, he then uses that history to illuminate the competing perspectives and pressures that influenced the passage and interpretation of modern whistleblower laws. Vaughn provides a first-rate account of the varied and complex reasons for the successes and failures of these laws during the last forty years." - Richard Moberly, University of Nebraska College of Law, US Drawing on literature from several disciplines, this enlightening book examines the history of whistleblower laws throughout the world and provides an analytical structure for the most common debates about the nature of such laws and their potential successes and failures. The author explores the relationship between the actions of whistleblowers and the character of laws protecting them, as well as their administration and enforcement. The book considers the role of civil society groups in the successes of whistleblower laws and how current controversies reflect issues attached to these laws over half a century. This study contains perspectives from which successes and failures can be evaluated and will appeal to policy makers, scholars, whistleblower advocacy and other civil society groups, as well as anyone with a general interest in the subject.

Whistleblower Law

Author : Stephen Martin Kohn
ISBN : 0275981274
Genre : Law
File Size : 30. 26 MB
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The first book to provide an overview of the impact, implications, and procedures of the new corporate whisteblower laws emerging from the landmark Sarbanes-Oxley Act.

Concepts And Procedures In Whistleblower Law

Author : Stephen Martin Kohn
ISBN : 156720354X
Genre : Business & Economics
File Size : 68. 88 MB
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Attorney, scholar, teacher Stephen Kohn presents a comprehensive, unified examination of the 35 federal laws that protect whistleblowers and their rights, plus the common law protections available in each of the 50 states. He provides a step-by-step overview of how to conceptualize and litigate whistleblower cases; detailed analyses of protections for employees who disclose environmental, nuclear, and health and safety violations; a clear, concise presentation of the most important protections contained in the First Amendment, the Civil Rights Act of 1971, and the False Claims Act's qui tam provisions. Kohn also gives detailed discussions of protected activity, discriminatory conduct, proof of retaliation, burdens of persuasion, damages, and attorney fees. The result is a major, practical resource for attorneys, executives, judges, legal scholars, and teachers in various fields of the law.

Employment 2006

Author :
ISBN : 0954845218
Genre : Labor laws and legislation
File Size : 75. 48 MB
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This handbook contains up-to-date information on UK legislation, common law, equity and codes of practice along with other sources such as DTI/Inland Revenue manuals and guides. References to these are included where necessary within each paragraph for ease of access.

Social Work Practice And The Law

Author : Dr. Lyn K. Slater, PhD
ISBN : 9780826117670
Genre : Social Science
File Size : 75. 43 MB
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"This is the first book to give social workers the tools to understand their clients' legal needs and rights and to address them collaboratively and effectively. Lyn Slater and Kara Finck ground their text in a comprehensive grasp of the legal system and the inequities of race, class, and gender that shape clients' experiences. Social Work Practice and the Law is a powerful call for social workers to be passionate and skillful advocates for their clients. Essential reading for social workers and lawyers alike who serve low-income people entangled in systems that so often fail them." Dorothy Roberts, JD Kirkland & Ellis Professor, Northwestern University School of Law Author, Shattered Bonds: The Color of Child Welfare Based on the author's innovative and nationally recognized prototype for inter-professional work at Fordham University, this is the only volume about social work and the legal system that is written from the social worker's perspective. Devoid of "legalese," the book is designed to help social workers develop the ability to reappraise, question, and challenge the law to best serve their clients. It aims to promote the development of a more strategic relationship with the legal system-a partnership that can achieve more creative and just solutions to social problems. Exhaustive in scope, Social Work and the Law identifies current national and international trends and legal movements that support and invite inter-professional, critically competent social work participation. The book also identifies and explains the essential knowledge, skills, values, and attitudes necessary for the attainment of collaborative critical competence when interacting with the legal system. Each chapter includes vivid case studies based on actual collaborations that illustrate the application of theory to practice. Chapters also include legal, social work, and evidence-based resources. Key Features: Promotes a proactive approach to the ways in which social workers can use law to promote clients' best interests Addresses all domains of social work practice-child welfare, housing law, educational access, disability law, benefits, and more Offers abundant case studies taken from the authors' real-life work Devoid of "legalese" and written from a social worker's perspective

Whistleblowing

Author : Roberta Ann Johnson
ISBN : 1588261395
Genre : Political Science
File Size : 73. 32 MB
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An exploration of when and how - and to what effect - people make the choice to blow the whistle. Case studies from the tobacco industry, to NASA, to the FDA illustrate how individual efforts can and do transform institutions, shape public policy, and serve as a force for democratization.

Whistleblowing

Author : Marek Arszulowicz
ISBN : 9781412844239
Genre : Philosophy
File Size : 20. 6 MB
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This latest volume in this important international series discusses practical errors and wrongdoing considered under the action theory (praxiological) umbrella, linking these to ethical behavior. Human actions related to the conduct of business should be effective and efficient. But such praxiological criteria are of secondary importance to norms that should also be taken into account. The primary norm is ethical behavior, which defines the morality of business activities on the basis of the good; these are the presupposed foundations for the human actions in business. The articles in this volume discuss whistleblowing, or the exposure of behavior that violates the ethical foundations of business. They are written from different angles and present a variety of experiences, adding new value to both the subject of praxiology as well as ethics as it relates to economic activity in its social and global context. The issues, problems, and questions raised by this international group of eminent scholars have much to add to the contemporary debate induced by the present economic crises. These crises have revealed practical errors and hypocrisy of those responsible for leadership and management, primarily of financial institutions.

Whistle Blowing In Organizations

Author : Marcia P. Miceli
ISBN : 9781136675713
Genre : Psychology
File Size : 22. 35 MB
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This is a research-based book on whistle-blowing in organizations. The three noted authors describe studies on this important topic and the implications of the research and theory for organizational behavior, managerial practice, and public policy. In the past few years there have been critical developments, including corporate scandals, which have called public attention to whistle-blowing and have led to the first comprehensive federal legislation to protect private sector whistle-blowers (the Sarbanes-Oxley Act). This book is the first to integrate these new developments in an analytic and empirically grounded approach to whistle-blowing in organizations.

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