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1 – 10 of 609Turkey is required by the international and EU instruments and domestic law to address the issue of whistle-blowing and the protection of whistle-blowers. The purpose of this…
Abstract
Purpose
Turkey is required by the international and EU instruments and domestic law to address the issue of whistle-blowing and the protection of whistle-blowers. The purpose of this paper is to analyse Turkish legislation which is applicable to work-related whistle-blowing, the conflict between the worker’s right to “blow the whistle” and the obligation to loyalty and confidentiality. The consequences of groundless or deliberate false disclosures are considered. Comparisons are made with international conventions, the COE Recommendation CM/Rec(2014)7 and the Proposed EU Directive on the Protection of Whistleblowers and ECtHR precedents.
Design/methodology/approach
In the first part, this paper reviews the definition of whistle-blowing and whistle-blower. The second part outlines the impact of international and EU Law on Turkish legislation. The third part reviews the Turkish legal framework applicable to whistle-blowing.
Findings
Whistle-blowing in the public interest is suggested as a tool to combat corruption worldwide. There is no doubt that some whistle-blowers have been beneficial to society. However without democratic structures to take into account the assessment of the quality of the information, the type of the disclosure and the category of the reporting person, there are downsides to excessive whistle-blowing. Therefore, whistle-blowing should be discussed in the context of democratic societies, and a balanced approach should be adopted to ensure the position of not only whistle-blowers but also the people affected by the reports.
Originality/value
The paper offers new insights into the limits of work-related whistle-blowing within the context of freedom of expression and the right of employees and public officials to petition. The protection of whistle-blowers and the consequences of groundless or deliberate false disclosures under Turkish Law from a comparative perspective are considered.
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Marcia P. Miceli and Janet P. Near
Research on whistle-blowing has focused on the questions of who blows the whistle, who experiences retaliation, and who is effective in stopping wrongdoing. In this article, we…
Abstract
Research on whistle-blowing has focused on the questions of who blows the whistle, who experiences retaliation, and who is effective in stopping wrongdoing. In this article, we review research pertinent to the first of these questions. Since the last known review (Near & Miceli, 1996), there have been important theoretical and, to a lesser extent, empirical developments. In addition, the U.S. law is changing dramatically, which may serve to promote valid whistle-blowing, and international interest in whistle-blowing is widespread and increasing. Unfortunately, evidence strongly suggests that media, popular, and regulatory interest is far outpacing the growth of careful scholarly inquiry into the topic, which is a disturbing trend. Here, we argue that the primary causes of the underdevelopment of the empirical literature are methodological, and that workable solutions are needed but very difficult to implement. By calling attention to these issues, we hope to help encourage more research on whistle-blowing.
The purpose of this paper was to analyze the legal provisions relating to the protection extended to the private company employees who blows the whistle. It is a major requirement…
Abstract
Purpose
The purpose of this paper was to analyze the legal provisions relating to the protection extended to the private company employees who blows the whistle. It is a major requirement of the country that Whistle Blowers Protection Act should not only be made compulsory for public sector but also be made compulsory for private companies of any size so that illegal activities could be identified and major risk could be avoided. Presently, private sector is growing rapidly, and it has a growth in way of economic resources, and private sector is also entering into the public domain by privatization, so exclusion of private sector by the Whistle Blowers Protection Act, 2011 is very dangerous.
Design/methodology/approach
The researcher has resorted to primary as well as secondary sources of data. The primary sources of data are the Whistle Blowers Protection Act, 2011, Official Secrets Act, 1923, Right to Information Act, 2005, The 179th Law commission report, report of Second Administrative Reforms Commissions, 2007 and recommendations made by Parliamentary Standing Committee on Personnel, Public Grievance, Law and Justice, 2011. The secondary data are the books and articles of different authors.
Findings
This Act provides a mechanism to receive complaints and inquire into the allegations of corruption or willful misuse of power by the public servants only. Although, this act has not come into existence, but on bare perusal, it seems to be inadequate and still needs more amendments for efficient outcomes or else the zeal of whistle blowers particularly in a private sector will fade away. The need of exhaustive and complete law is also necessary so that the evils like corruption can be curbed completely and effectively.
Originality/value
Private sector, if included in the above-mentioned act, would definitely resolve the problem, but on the same hand, it will raise the question of space that needs to be given to private organization. So in concluding remarks, the author would like to suggest that, to improve the organizational quality of private sector, there should be a national legislation which should deal with substantial guidelines that needs to be adopted by private companies. There is a significant need to raise the standard of corporate governance in India, only then it could achieve stability, transparency and growth.
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Brenda Tumuramye, Joseph Mpeera Ntayi and Moses Muhwezi
This study aims to investigate the whistle-blowing behaviour in Ugandan public procurement by using whistle-blowing supporting institutions, procuring and disposing entity (PDE…
Abstract
Purpose
This study aims to investigate the whistle-blowing behaviour in Ugandan public procurement by using whistle-blowing supporting institutions, procuring and disposing entity (PDE) ethical climate and whistle-blowing expectancy.
Design/methodology/approach
A quantitative cross-sectional survey was conducted using a sample of 118 drawn from a population of 179 central government (PDEs). Data were collected using self-administered questionnaires, resulting in 222 usable questionnaires from 70 PDEs, representing a response rate of 62.71 per cent.
Findings
The results reveal that the whistle-blowing supporting institutions and PDE ethical climate are significant predictors of whistle-blowing intentions and behaviour, accounting for 30.2 per cent of the variance. The authors therefore recommend that whistle-blowing supporting institutions, like the Whistle Blowers Protection Act, should be reviewed and strengthened to promote whistle-blowing intentions and behaviour. This could be done through reviewing the Act to make it enforceable, giving power to the whistle-blowers, strengthening policies, developing safeguards against retaliation by making every chief executive officer in the public sector accountable, increasing whistle-blowing incentives and providing whistle-blowing hotlines for anonymous whistle-blowers. PDEs should also create conducive ethical climates that encourage people to voice their concerns internally or externally, and ethical committees should be established within PDEs and other bodies such as the Inspector General of Government for ensuring that whistle-blowing systems are in place and promoted. There is a need to increase whistle-blowing expectancy through the effective handling of reported cases to their conclusion and the use of role models.
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Dave Bucka and Brian H. Kleiner
Defines whistle blowing before considering the dilemma faced by the whistleblower. Outlines the typical responses to the whistle blower and provides case examples from the…
Abstract
Defines whistle blowing before considering the dilemma faced by the whistleblower. Outlines the typical responses to the whistle blower and provides case examples from the aerospace and defence industries. Questions why companies respond as they do and asks if there are malicious whistle blowers. Covers the legal protection afforded to them and provides recommendations for both the manager and the whistle blower. Concludes that whilst the industry has improved, there leaves much work to be done in the future.
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Anuar Nawawi and Ahmad Saiful Azlin Puteh Salin
Many corporate scandals that occurred recently have indicated the importance of a whistle-blowing mechanism in preventing fraud and malpractices from damaging the organizations…
Abstract
Purpose
Many corporate scandals that occurred recently have indicated the importance of a whistle-blowing mechanism in preventing fraud and malpractices from damaging the organizations. By selecting one organization that has experienced a corporate scandal, this study aims to examine factors that influence employee’s intention to blow the whistle to prevent malpractices in the company. In addition, this study also examines the perceptions of employees regarding the business culture in their organization and how this culture impacts their intention to whistle-blow.
Design/methodology/approach
This study engages in a mixed method of data collection, namely, survey questionnaire and interviews to gather the data.
Findings
It is found that retaliation is the most important factor that influences the employee’s intention to whistle-blow, followed by the burden to prove the malpractices, cost implications as a result of the wrongdoing and the action taken by the authority as a result of the fraud reporting. In terms of business culture, a large number of employees are reluctant to become a whistle-blower, although a secured and safe whistle-blowing mechanism is in place, indicating that Asian customs of collectivism and assertiveness play a major part in shaping the whistle-blowing mechanism in Malaysian organizations.
Research limitations/implications
The results provide further confirmation of the determinants that influence employees to report wrongdoings in the organizations. This study however may subject to self-reported data biasness because of sensitivity of the research that related to fraud and immoral behaviours that occur in the company. Owing to this sensitivity, the study only focuses on employees’ internal whistle-blowing intentions rather than their actual intentions.
Practical implications
This study helps the management to understand the working culture in the company so that they can identify the weak area of governance which needs improvement such as whistle-blower protection.
Originality/value
This study is original, as it focuses on the employees in a big organization such as government link companies that have experienced corporate scandals albeit having whistle-blowing mechanism in place. In addition, the finding of this study contributes to the theory and body of the literature on the whistle-blowing determinants, currently scarce in the context of a developing country like Malaysia.
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Nanang Shonhadji and Ach Maulidi
This paper aims to provide new theoretical discussion about the role of whistleblowing system and fraud awareness as an effective deterrent for financial statement fraud.
Abstract
Purpose
This paper aims to provide new theoretical discussion about the role of whistleblowing system and fraud awareness as an effective deterrent for financial statement fraud.
Design/methodology/approach
The authors conducted surveys to 13 reputable public accounting firms in East Java, Indonesia.
Findings
It is well acknowledged, as fraud attacks grow more sophisticated, whistleblowing system and fraud awareness can be possible deterrents. By increasing employees’ fraud awareness, they do not only recognise fraud symptoms and typologies but also support to raise concerns in good faith and on reasonable grounds. This study also suggests the role of fraud awareness as a human capital investment that increase sensitivity on identifying fraud symptoms and discouraging participation in crimes.
Originality/value
This study produces new theoretical discussion about fraud prevention. Then this study also offers several aspects that can help organisation to establish effective whistleblowing systems and reporting mechanisms. Those aspects identified can encourage an individual to report malpractice or wrongdoing. This study also offers how fraud awareness can support the implementation of whistleblowing system in preventing fraudulent financial statements and other irregularities.
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Abdul Aziz Khan Niazi, Tehmina Fiaz Qazi, Irfan Ali and Rashid Ahmad
In current vista of corporate governance (CG), whistleblowing (WB) has become critical for practitioners, researchers and other stakeholders. This study aims to identify…
Abstract
Purpose
In current vista of corporate governance (CG), whistleblowing (WB) has become critical for practitioners, researchers and other stakeholders. This study aims to identify, prioritize and analyze the interrelationships of determinants of effective WB on the basis of opinion of a medium-sized panel of experts.
Design/methodology/approach
It is a cross-sectional descriptive study conducted in the field setting. A self-administered structured questionnaire was used to collect primary data from the respondents. This study follows an interpretive structural modeling (ISM) approach.
Findings
This study found that the factor “specific law for WB” has maximum driving power but minimum dependence and occupies bottom level (the most critical level) in the ISM model. The Matrice d’Impacts Croisés Multiplication Appliquée á un Classement analysis revealed that there is no autonomous and dependent factor in the model. There are eight linking factors and only one independent factor.
Research limitations/implications
The study found that the factor “specific law for WB” has maximum driving power but minimum dependence and occupies bottom level (the most critical level) in the ISM model. The Matrice d'Impacts Croisés Multiplication Appliquée á un Classement analysis revealed that there is no autonomous and no clear-cut dependent factor in the model. There are eight linking factors out of which five have high dependence as well, and there is only one independent factor.
Practical implications
This study has ensued in identification of significant challenging issues in WB and in development of interrelationships to gain insights into priority of these issues. This study uses limited primary data in context of Pakistan; therefore, generalizability of the findings is limited.
Originality/value
This study presents a novel theoretical and conceptual model focused on effective WB. The value of the study on effective WB is highly relevant for today’s complex organizations but incipient in literature. The insights provided by the study have vital importance for corporations to embark on the regime of reforms in CG.
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This paper aims to evaluate the recent steps and enforcement mechanisms employed in Nigeria to combat money laundering and terrorism financing to give a clear and deeper insight…
Abstract
Purpose
This paper aims to evaluate the recent steps and enforcement mechanisms employed in Nigeria to combat money laundering and terrorism financing to give a clear and deeper insight to the potential that it portends and locate its workability by combing through various policies that are adapted to reinforce the existing anti-money laundering/combating financing terrorism (AML/CFT) legal and regulatory framework in Nigeria. The paper, therefore, provides a comprehensive assessment of these measures to exhume necessary reinforcement elements required to achieve the desired result by exploring developments from other jurisdictions that have surpassed the country in the AML/CFT crusade.
Design/methodology/approach
This study adopted qualitative research methodology. It is structured in such a way that mixed qualitative methodology approach as a research strategy is employed. This is achieved by putting into use the combination of doctrinal and non-doctrinal research methods. Descriptive, interpretative and content analysis methods are used to analyse various AML/CFT government policies along with the existing AML/CFT laws. Judicial pronouncements, various scholarly opinions, along with the anti-money law (AML/CFT) within the Nigeria context are analysed in line with the 40 “Recommendations” of the Financial Action Task Force which depicts the acceptable legislative and regulatory precedent and an international standard to measure the adequacy or otherwise of any national or local laws on money laundering.
Findings
Factors that were militating against the effectiveness and positive performance of Nigeria government to combat money laundering-related matters were identified. A clear-cut amendment to the existing provisions of law that will address the issue is suggested to enhance the effectiveness and combat other similar challenges that are likely to come out of these policies, otherwise more problems would be created than could be solved.
Originality/value
This paper exposes deficiencies in the present mechanism adopted to combat money laundering in Nigeria and proffers necessary antidote to facilitate the effectiveness of the legislation. It provides necessary information that could facilitate amendments and new legislation(s) to curb the defects by the lawmakers and could serve as a veritable source of information to law students, legal practitioners and academia.
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The implementation of whistleblowing policies is emblematic of the reforms undertaken by international sports organisations in the aftermath of major governance and integrity…
Abstract
Purpose
The implementation of whistleblowing policies is emblematic of the reforms undertaken by international sports organisations in the aftermath of major governance and integrity scandals. However, sport has particular organisational and cultural characteristics that reduce the likelihood of whistleblowing behaviour. This article looks at the quality of reporting policies in sports to assess how far the reporting mechanisms encourage whistleblowers.
Design/methodology/approach
A whistleblowing policy quality assessment system was built and applied to 45 international sport organisations.
Findings
The research identified 23 reporting mechanisms but, despite marked differences between them, most policies are of low quality. In particular, whistle-blower protection regimes and promotion strategies are lacking.
Research limitations/implications
The research suggests that reporting mechanisms currently in place are not likely to encourage whistle-blowers and questions the performance of these mechanisms as well as the objectives of the organisations, which may reflect “window-dressing” strategies. This may have implications for other areas of “good governance” reform.
Practical implications
An assessment questionnaire for sport reporting policies has been created and tested. It was sent to international sport organisations to assist them in identifying policy gaps and improving their policy.
Originality/value
The analysis does not limit itself to the presence or absence of “good governance” measures. It also explores their quality. It proposes a comprehensive assessment grid for whistleblowing policies in international sport that practitioners and researchers may wish to use in future.
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