Whistleblowing held to be the principal reason for
dismissal even though protected disclosures hidden from the
dismissing officer
Employers should take note of a landmark decision from
the Supreme Court regarding liability for all unfair dismissal
cases (not just whistleblowing). The Court ruled that an employer
who had been manipulated into dismissing an employee for a false
reason was liable for unfair dismissal based on the hidden reason.
This was the case even though the employer's dismissing officer
had dismissed in good faith for another reason.
What does the law say?
Workers who make protected disclosures acquire special
employment rights. First, they are protected from being mistreated
by their employer and/or their co-workers on the grounds they have
blown the whistle. Second, they are protected from being dismissed
if the principal reason for the dismissal is the fact they have
blown the whistle. Any such dismissal will be automatically
unfair.
