Instructions: Students must answer Part 1 and Part 2Part 1 Thomas is a nurse in Old Age Care (OAC), a public nursing home. He was supplied to OAC through Compassion Nursing Agency a week ago. On...

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Answered 3 days AfterJan 09, 2023

Answer To: Instructions: Students must answer Part 1 and Part 2Part 1 Thomas is a nurse in Old Age Care...

Deblina answered on Jan 12 2023
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WHISTLEBLOWING LAW PRACTICE
Table of Contents
Part 1    3
Introduction    3
Analysis of the Issues    3
Relevant Laws and Regulations    4
Application of the Laws & Regulations    5
Conclusion    7
Part 2    9
Introduction    9
Analysis of the Issues    9
Relevant Laws and Regulations    10
Application of the Laws & Regulations: Advise to Thomas    11
Advise to Compassion Nursing Agency    13
Conclusion    13
References    14
Part 1
Introduction
The Act of whistle-blowing refers to the reporting or disclosing of information to a public body or higher authority regarding the wrongdoings in an organisation or a company. A person who is raising such aspects, despite the fact that other members of the organisation are not acknowledging that certain deed is known to be the whistleblower. This person comes forward and shares the knowledge of the wrongdoing that he thinks happening in the organisation or a specific d
epartment. However, it can be naturally viewed as a fact that if a particular person moves out of the entire group and raises concern, he will be isolated or will be compelled to leave the organization based on the fact that he had breached the confidentiality of the company. In this aspect, the law seems to protect with some legal means and are protected for their actions. It is specifically more important to ensure perfect working conditions in the organisation such that neither the consumers nor the employees in the organisation suffer from the aspects of wrong doing which can be in the form of fraud, deceiving the employees, corruption, or any other act that mislead people.
Analysis of the Issues
The issue in the given case relates to nursing in an Old Age Care agency Thomas observed that there are certain Acts in the agency which is specifically not expected. Medicines are not being properly given to the patients. Thomas often found that medicines were being left beside some of the patients’ beds and there was no supervised administration of the medication. He also found that there were marks of bruising on the arms of the three patients. The spectator also noticed that one of his colleagues was not treating the patients in a physically responsive manner and she pulled out the patients while dressing them. The entire incident that took place was primarily of concern and it seems that no one in the organisation ever paid any attention or hid to such aspects.
The controversial issue, in this case, refers to the improper treatment that is meted out to old patients. Besides, when he approaches the line manager Claire, the considerable aspects subsided and he was moved to another department where he had the duty of collecting and cleaning the bedpans of all the patients. So, this was significantly an important note in this issue because the line manager was completely safeguarding the wrongdoer for her actions. And also changed the department or the duty to be done by Thomas for complaining about his colleague. So, the major issues were not only just that there was a wrongdoing going on in the organisation but it was also cohesive to understand that the wrongdoing has been contemplatively hidden and the wrongdoer is safeguarded. Another important aspect of this connection is the fact that there was no proper investigation conducted based on the complaints that were made by Thomas to the line manager. It seems that no investigations had been done as he was not interrogated about the specific actions that took place in the organisation which were specifically not expected for the wrongdoing that had to be a complained for the dispute that has come up.
Relevant Laws and Regulations
The Protected Disclosure Act of 2014 provides an effective under the statutory Framework for the protection of whistleblowers in Ireland which has substantially been overhauled by the amendment in 2022 and came to be known as the Protected Disclosures Amendment Act of 2022[footnoteRef:1]. The recent amendments that were put forward to a place in policy with regards to the procedures for the making of the Protected Disclosures of the whistle-blowers. This was developed in line with the Protected Disclosures Act of 2014. [1: Lewis, D. (2020). The Eu Directive on the Protection of Whistleblowers: A Missed Opportunity to Establish International Best Practices?. E-Journal of International and Comparative Labour Studies.
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The entire process subjected that the policy and the procedures shall effectively set out the process by which the worker of the department can make a Protected Disclosure and information about the wrongdoing in the department by a person will be protected for the disclosure that he makes in the higher authority[footnoteRef:2]. It is cohesive to understand the entire fact that the process supports the department's strong commitment to ensuring the culture and the working environment of the particular department and encourages to facilitate and supports every member of the staff in the department in speaking up on any issue that may adversely impact the department's ability to perform properly and fully carry out the roles and responsibilities to ensured high-performance standard. [2: Bolesta, Ł. (2020). In Search of a Model for the Legal Protection of a Whistleblower in the Workplace in Poland. A legal and comparative study (p. 162). Peter Lang International Academic Publishers.
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It is comprehensive to understand that every department in any organisation has a certain consideration for how they can support a culture and an environment where relevant wrongdoings are defined which provides necessary support to those who raised genuine concerns about that wrongdoing. Independent supports are available to anyone considered in making or having made a Protected Disclosure. In this aspect, it is relevant to consider that the employee who wants to complain about the wrongdoing in the organisation regarding the care of old patients can contact the free and confidential "Speak up helpline" or use Secure Report Form that is operated by Transparency International Ireland.
This particular process is independent of the department as we found that the line manager in the case was not ready to listen to the complaints of the employee. In Ireland, whistle-blowing is known as making a Protected Disclosure. People taking such a step needed to be given protection under the Protected Disclosure Act of 2014 which has also been referred to as the whistle-blower legislation. In this aspect, the whistle-blower can make a complaint if they were classified as a worker who disclose the information in a particular way[footnoteRef:3]. The information can be relevant if it came to the whistle-blower's attention in connection with his or her hard work and the aspect which resulted in a reasonable belief of wrongdoing. The personal scope of the Act is extended to the volunteers and derogation needs to be contextual along with the other requirements. Acknowledgment of the receipt of the Protected Disclosure is also provided within 7 days. [3: Chalouat, I., Carrión-Crespo, C., & Licata, M. (2019). Law and practice on protecting whistle-blowers in the public and financial services sectors. International Labour Organization, Working Papers.
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Application of the Laws & Regulations
After studying the entire issue in the above section, it is relevant to mention the Actions that can be taken up by Thomas to raise concern based on whistle-blowing law and practice. Whistle-blowers protection is a major aspect in this particular scenario. Before diving into the technical aspect, it is comprehensive to address that this Act provides the legal mechanism for reporting illegal and illegitimate practices by the members of the organisation[footnoteRef:4]. The consequential aspect of the fact that appeared after Thomas's complaint about the particular misdeed to the line manager was that he was moved to the other department which was somewhat inferior and he had to do a job that was not proper according to his qualification. This can be viewed as contextual harassment that was subjected on him for complaining about such issues to the line manager. He was more about this prospect as he found that the line manager had a good relationship with the colleague who was specifically directed towards this particular Act. Before hearing the complaints from Thomas, he was moved to another department. [4: Stricke, B. (2019). People v. Robots: A Roadmap for Enforcing California's New Online Bot Disclosure Act. Vand. J. Ent. & Tech. L., 22, 839.
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According to the Protected Disclosures Act of 2014 which was amended in 2022 mentions and provides the framework of statutory protections for whistle-blowers in Ireland. In this particular scenario, Thomas is the prominent whistleblower of the entire incident and the wrongdoing that is continuing in terms of the practices in old age care in the Florence Ward. The amended Protected Disclosure Act came into operation on 1st January 2023 that has set out the process by...
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