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Looking at 2023 Employment Litigation Trends

Associate Daniel Zona shares his thoughts on the employment law implications of whistleblowing.

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Published 16 January 2023

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In the upcoming year, employers may encounter legal battles related to the standards within their industries. These challenges, brought forth by unions and advocates, will address topics such as the rights of employees, the status of workers, and whistleblowing.

Associate Daniel Zona shares his thoughts on the employment law implications of whistleblowing. He argues that legal protection for whistleblowers should not act as a cloak excusing all conduct involved in the whistleblowing. However, advocates fear that the decision gives employers carte blanche to remove agitators. Attorneys say this isn’t so — firing a whistleblower for their behavior might still be ruled as unfair if the employer’s reason or procedures are not sufficiently robust. But the distinction makes it less likely that individuals who blow the whistle will win claims of automatic unfair dismissal that, unlike regular unfair dismissal, can be brought by employees with less than two years’ service and have no cap on compensation.

The full article was first published in Law360 in January 2023. Read the full article here.

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Shorter Reads

Looking at 2023 Employment Litigation Trends

Associate Daniel Zona shares his thoughts on the employment law implications of whistleblowing.

Published 16 January 2023

Associated sectors / services

Authors

In the upcoming year, employers may encounter legal battles related to the standards within their industries. These challenges, brought forth by unions and advocates, will address topics such as the rights of employees, the status of workers, and whistleblowing.

Associate Daniel Zona shares his thoughts on the employment law implications of whistleblowing. He argues that legal protection for whistleblowers should not act as a cloak excusing all conduct involved in the whistleblowing. However, advocates fear that the decision gives employers carte blanche to remove agitators. Attorneys say this isn’t so — firing a whistleblower for their behavior might still be ruled as unfair if the employer’s reason or procedures are not sufficiently robust. But the distinction makes it less likely that individuals who blow the whistle will win claims of automatic unfair dismissal that, unlike regular unfair dismissal, can be brought by employees with less than two years’ service and have no cap on compensation.

The full article was first published in Law360 in January 2023. Read the full article here.

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