Date : 14/04/08
PDP call for 'Whistleblowers Act'
The Progressive Democratic Party renews its call for the introduction of a “Whistleblowers Act” in light of the dramatic developments in the Joanna Hernandez case.
“This case demonstrates how citizens need protection from a powerful Executive” said PDP spokesman Nick Cruz. “However much the Government would like to spin these events Joanna Hernandez maintains that she was unfairly dismissed because she reported what she thought were serious concerns about the treatment of the most vulnerable in our society and did not feel these reports were being properly considered”
“Irrespective of the merits of the allegations she made (something that the PDP says should be the subject of a public enquiry) the bottom line is that she made waves and instead of being treated seriously she says she was just brutally fired” said Mr Cruz. To make matters worse she has had to go through the indignation of years of trying to prove that her treatment was unfair only for this to be conceded at the outset of the hearing. This personal cost as well as the cost to the tax payer which runs into thousands should have been avoided.
The introduction of a Whistleblowers Act similar to the Public Interest and Disclosure Act in the UK would have avoided that. Such legislation could enable the likes of Joanna Hernandez to have been suspended pending investigations of the merits of the allegations made. It would also mean that any employer simply sacking somebody on the grounds that they have reported issues where they reasonably believe that a criminal offence has been committed or the health or safety of an individual is endangered would be entitled to a finding of unfair dismissal.
The PDP reminds the public of its press release of the 27March 2008 where it said:
"In a place as small as Gibraltar where the power of Government is so close to the individual it is even more important that the individual is protected from potential victimization or state bullying simply because he or she challenges the powers that be. This is particularly vital where all that the individual is doing, at great personal loss, is raising issues of public interest and concern"
http://www.gibnews.net/cgi-bin/gn_view.pl/?PDPG080414_1.xml
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