The surprisingly limited potential for five year compensation
awards arising from whistleblowing-related dismissals and the
unforeseen effect of interim relief orders.
Summary:
Recent cases such as Clarke & Dougan v Lifeline
Ambulance Service Limited and Catherine Kelly v AlienVault
Ireland Ltd and AlienVault Inc have demonstrated the apparent
ease with which self-designated whistleblowers can secure interim
relief to restrain their dismissal under the Protected Disclosures
Act 2014 (the “PDA”).
These cases have been reported in apocalyptic terms for
employers as heralding the arrival of a flood of
whistleblowing-related litigation, citing the easy availability of
interim relief and the potential for compensation awards of up to
five years’ gross remuneration under the PDA. But should
employers really be that concerned?