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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 15 July 2014 - onwards
Version 4 of 4

24B. Tortious liability of undertaking or associate for victimising whistleblower.

(1) If an undertaking, an associate of an undertaking, an association of undertakings or a postal service provider causes detriment to a person because the person or a third person has made, or threatened to make, an appropriate disclosure of information to the Commission or a law enforcement authority (such as the Garda Síochána) about the conduct of the undertaking, the associate, the association or the postal service provider, the person has a right of action in tort against the undertaking, associate, association or postal service provider, as the case may be.

(1A) Subsection (1) does not apply where the disclosure is a protected disclosure within the meaning of the Protected Disclosures Act 2014.

(2) In this section, 'detriment' includes -

(a) injury, damage or loss, or

(b) intimidation or harassment, or

(c) discrimination, disadvantage or adverse treatment in relation to a person's employment, or

(d) a threat of reprisal.