Little by little, the ice is beginning to break in the issues of forming a unified judicial practice in cases related to the protection of whistleblowers.
Recently, the Supreme Court in case No. 761/8294/21 made an important decision, which demonstrates that anyone who reports corruption receives the necessary protection from the state.
Brief description of the case: the whistleblower, who headed the anti-corruption unit, reported on the corrupt actions of the management and was punished for it (he was persecuted in the form of reprimands and dismissal), the court of first instance reinstated him in his position, and the appellate court satisfied the company's appeal against whistleblower. Instead, on April 19, 2023, the Supreme Court upheld the cassation appeals of the whistle-blower and the NACP, upholding the decision of the first instance.
Important points stated in the decision:
a person acquires the status of a whistleblower from the moment of notification, regardless of whether the manager is informed about it or the NACP employees, or investigators are notified of the start of a pre-trial investigation based on the whistleblower's statement;
the plaintiff as a whistleblower was dismissed in violation of the requirements of the Law of Ukraine "On the Prevention of Corruption", while taking into account the decision of the Supreme Court dated 09.11.2022 in case No. 761/33182/20, where it is stated that the disclosure does not flow out of the official duties of a whistleblower and does not deprive a person of protection;
guaranteeing the independence of the anti-corruption officer from interference in his/her work is implemented through the mechanism of obtaining the approval of the NACP for his/her dismissal, if it occurs, at the initiative of the head;
presumption of the employer's fault, i.e. on the basis of Directive 2019/1937 of 23.10.2019 on the protection of persons who report violations of European Union legislation, it is concluded that the damage caused to a person after making a disclosure means retaliation.
You can read the full text of the decision at the following link: https://bit.ly/41ubA9p
"The Supreme Court in case No. 761/8294/21 made an important decision, which demonstrates that anyone who reports corruption receives the necessary protection from the state"
