Whistleblower protection: A comparative law perspective

Interventions promoting employee “speaking-up” within healthcare workplaces: A systematic narrative review of the international literature

“…For similar reasons it also takes 'hearer courage' (11) to act on concerns, although the experiences and perceptions of concerns recipients are under-researched. These significant individual, professional and organisational barriers exist despite the implementation of national and trans-national policy interventions, including legislation and regulatory guidance specifically designed to support and protect healthcare employees who speak-up (10,(12)(13)(14)(15). A possible consequence of the limited effect of policy and regulatory interventions (16) is the recent increase in studies of workplace interventions aimed at promoting and supporting employees to speak-up about their concerns.…”

Square Peg in a Round Hole? Three Case Studies into Institutional Factors Affecting Public Service Whistleblowing Regimes in the United Kingdom, Canada, and Australia

“…Legal scholars have also scrutinized whistleblowing regimes. Some compare the provisions of legislation between jurisdictions or against best practices (e.g., Brown, 2013;Dworkin & Brown, 2013;Fasterling, 2014). Advocates in NGOs also conduct such reviews, such as David Hutton's (2017) assessment of Canada's PSDPA, Devine's (1988) examination of U.S. laws, and the Feinstein et al (2021) survey of international law.…”

“…Devine, 2016). Several authors began to categorize the theoretical and legal foundations of whistleblowing law (e.g., Fasterling, 2014;R. E. Moberly, 2006;Vaughn, 2012).…”

“…Other authors note that robust free speech rights or freedoms can protect whistleblowers (Fasterling, 2014;Fasterling & Lewis, 2014). Even when enshrined in a constitution, however, efficacy can be undermined by employment law.…”

“…Further, if court or adjudicative action is resolved through mediation or arbitration, non-disclosure agreements are common (Ballan, 2017;T. Devine, 2016;Fasterling, 2014). In other words, whistleblowers tend to be either highly visible or invisible, with many of the most interesting cases in the latter category.…”