On 4 July 2024, the Whistleblowers’ Authority (Huis voor Klokkenluiders, hereinafter “the Authority”) published an interesting investigation report. What happened?

A temp worker at a packaging company had internally reported that he suspected production employees might not be paid in accordance with the ABU collective labor agreement (CAO). The packaging company responded by withdrawing its earlier offer of a permanent contract to the temp worker.

According to the Authority, the packaging company thereby acted in breach of the Whistleblowers Protection Act (Wbk) by putting the reporting party at a disadvantage. The Authority found that the staffing agency had also failed, since the temp worker had also made a report to the staffing agency. The staffing agency’s response to that report was to terminate the assignment contract with this person.

The burden of proof that the disadvantage is unrelated to the report lies with the employer. The Authority ruled that neither the packaging company nor the staffing agency had made sufficiently clear that their actions were not the result of the reports made regarding the suspected wrongdoing. Under Article 17ea of the Whistleblowers Protection Act, employees who report a suspected wrongdoing may not suffer any disadvantage as a result. Internal reports must also be followed up impartially and properly investigated. The Authority states that both companies fell short here. The interests of the reporting party were thereby harmed.

This case clearly shows that whistleblowers must be adequately protected against being disadvantaged after reporting wrongdoing. Read the Whistleblowers’ Authority’s full investigation report here: https://www.huisvoorklokkenluiders.nl/actueel/nieuws/2024/07/uitzendkracht-verliest-baan-na-melding-vermoeden-van-misstand/uitzendkracht-verliest-baan-na-melding-vermoeden-van-misstand

Have you already given thought to handling reports of wrongdoing within your organization? And have you drawn up internal reporting procedures for this? The business lawyers of The Legal Company are ready to help you draft such procedures. We also advise businesses on the actual handling of reports. Contact us via info@thelegalcompany.nl or call 020 345 0152.

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