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Article
Publication date: 29 March 2024

Tareq Na'el Al-Tawil

The purpose of this paper is to explore the legislative framework that governs whistleblowing in the UAE.

Abstract

Purpose

The purpose of this paper is to explore the legislative framework that governs whistleblowing in the UAE.

Design/methodology/approach

The paper examines social perceptions and practical challenges related to the act of whistleblowing. It focuses on the effectiveness, limitations and implications of the current legal status of whistleblowing in the UAE.

Findings

The UAE does not have a unified legal framework that governs whistleblowing and whistleblower protections like in the case of the USA. Therefore, there is an urgent need for comprehensive federal regulations that will apply to all sectors across the entire UAE. Each emirate and economic zone can then model their whistleblowing regulations against the federal law to ensure consistency and uniformity in application. The UAE will also benefit from public awareness and education programs to address the conservative culture that discourages whistleblowing. Most importantly, corporate governance and culture are central to the success of existing laws considering the overreliance on organizations and employees.

Originality/value

The paper provides a robust and analytical discussion of the whistleblowing laws and regulations in the UAE to dissect current practices and implications for future practice.

Details

Journal of Money Laundering Control, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1368-5201

Keywords

Book part
Publication date: 25 July 2023

Behnud Mir Djawadi, Sabrina Plaß and Sabrina Schäfers

When reporting wrongdoing internally, whistleblowers are confronted with the dilemma of weighing up their loyalty toward the organization (e.g., ethical standards) and their…

Abstract

When reporting wrongdoing internally, whistleblowers are confronted with the dilemma of weighing up their loyalty toward the organization (e.g., ethical standards) and their co-workers (e.g., the social norm of not snitching on peers). However, the role played by peers in the whistleblowing decision process and in the aftermath has rarely been addressed in existing reviews. We therefore perform a systematic review that identifies seven thematic clusters of peer factors, offering researchers an informative overview of (a) the peer factors that have been examined to influence the whistleblowing decision, and (b) the extent to which the whistleblower experiences adverse consequences from peers in the aftermath of whistleblowing. As peer factors seem to be important to explain and predict internal whistleblowing, researchers are encouraged to address in future works the research gaps our review unraveled.

Details

Organizational Wrongdoing as the “Foundational” Grand Challenge: Consequences and Impact
Type: Book
ISBN: 978-1-83753-282-7

Keywords

Book part
Publication date: 25 July 2023

Iain Munro and Kate Kenny

Whistleblowing plays a crucial role in revealing organizational misconduct and systemic corruption in industry and government. This paper investigates changing practices of…

Abstract

Whistleblowing plays a crucial role in revealing organizational misconduct and systemic corruption in industry and government. This paper investigates changing practices of whistleblower activism, with particular reference to the role of solidarity and the increased role of support networks. Many modern whistleblower disclosures have revealed gaping flaws in the system of global governance related to a range of important social and economic issues, such as tax evasion, global mass surveillance, the use of torture and illegal wars of aggression. All these forms of systemic corruption are reliant on the use of secrecy havens to conceal the abuse from public scrutiny and democratic oversight. Counter-hegemonic social movements that oppose forms of systemic corruption can find important allies in those whistleblowers, who leak vital information about misconduct and corruption to the public. In this paper, we argue that there is a clear relationship of mutual support between whistleblowing and activist social movements, both in the process of whistleblowing and in furthering the campaigns of the social movements themselves. We theorize this, unpacking the processes and dynamics underlying the relationship, and offering a framework for analysis. The paper concludes with a discussion of the changing role of whistleblower activism and support networks in undertaking social reform and counter-hegemonic practice.

Details

Organizational Wrongdoing as the “Foundational” Grand Challenge: Consequences and Impact
Type: Book
ISBN: 978-1-83753-282-7

Keywords

Open Access
Article
Publication date: 8 December 2022

Jacobus Gerhardus J. Nortje

The purpose of this paper is to critically analyse the extent of protection available for whistleblowers in South African criminal cases.

3557

Abstract

Purpose

The purpose of this paper is to critically analyse the extent of protection available for whistleblowers in South African criminal cases.

Design/methodology/approach

This paper first provides a brief background of crime in South Africa and argues that the concept of the whistleblower is just a buss word or collective noun. The methodology of this paper consists of a literature review of whistleblowers and relevant laws that can be used to protect whistleblowers in South African criminal cases.

Findings

This paper concludes that the existing law as primarily contained in the Criminal Procedure Act 51 of 1977 provides appropriate protection for whistleblowers in South African criminal cases.

Research limitations/implications

Whistleblowers provide information on criminal, civil and disciplinary wrongdoings. This study focuses on the protection of whistleblowers pursuant to mainly the provisions of the Criminal Procedure Act 51 of 1977.

Originality/value

The originality of this paper lies in the approach to the handling of whistleblowers in South African criminal cases. This is the first research done with the emphasis on the use of mainly the provisions of the Criminal Procedure Act 51 of 1977 to protect whistleblowers in South African criminal cases. The contribution of the study is that, by using this approach, it can provide protection and save lives, and it may enhance the willingness of whistleblowers to blow the whistle, which will be beneficial to the community of South Africa as a whole.

Details

Journal of Financial Crime, vol. 30 no. 6
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 22 November 2023

Christian Friedrich and Reiner Quick

Whistleblowers are individuals who detect and report misconduct in an organization. They help to mitigate organizational misbehavior and resulting damages effectively and…

Abstract

Purpose

Whistleblowers are individuals who detect and report misconduct in an organization. They help to mitigate organizational misbehavior and resulting damages effectively and relatively quickly. Whistleblower protection has not been systematically required in the European Union (EU), leaving many large organizations unregulated. This study aims to get in-depth insights into how unregulated organizations design, handle and view whistleblowing with the advent of a novel EU Whistleblowing Directive.

Design/methodology/approach

The authors conducted 17 semistructured interviews with a diverse group of organizations headquartered in Germany and inductively analyzed them following Grounded Theory. Linking the Grounded Theory to the legal endogeneity model, they developed seven perspectives that help to explain how organizations view whistleblowing.

Findings

In trying to make sense of the role of whistleblowing in the organization’s governance, organizations and their managers assume different perspectives. These perspectives guide their approach to whistleblower protection in the context of evolving regulation with little regulatory guidance. Perspectives vary in the degree of supporting whistleblowing regulation, from viewing whistleblowing as a natural, everyday governance tool to denying it and fearing denunciation. Most organizations exhibit several perspectives.

Originality/value

Little is known about day-to-day whistleblowing practices from the perspective of organizations. The authors fill this research gap by providing initial evidence on how organizations approach whistleblowing and the EU Whistleblowing Directive. Identifying organizations’ perspectives may help us understand how ineffective or noncompliant whistleblowing systems emerge and how organizations can improve.

Details

Journal of Accounting & Organizational Change, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1832-5912

Keywords

Article
Publication date: 26 March 2024

Seep Sethi and Poornima Madan

Undertaking the theoretical lens of “The need to belong” theory, the present study intends to explore the aftermath of internal whistleblowing and the behavioral outcomes that…

Abstract

Purpose

Undertaking the theoretical lens of “The need to belong” theory, the present study intends to explore the aftermath of internal whistleblowing and the behavioral outcomes that follow by linking it to the literature on workplace ostracism, loneliness and intentions to quit.

Design/methodology/approach

The respondents were hotel employees in the Delhi NCR region of northern India. A hypothesized sequential mediation model was tested on a sample of employees from a hotel using a three-wave time-lagged multistudy design.

Findings

The findings of the study established that internal whistleblowing leads to intentions to quit via workplace ostracism and loneliness at work.

Originality/value

The unique contribution of this study lies in understanding the underlying mechanisms and discussing the behavioral outcomes that follow post-whistleblowing. HR managers need to develop a work environment that protects whistleblowers and has a zero-tolerance policy against employees engaging in any form of retaliation or unethical business practices. Managers must be more proactive and sensitive to the social cues that will make them aware of the presence of acts of ostracism. Upon encountering such acts, managers can consider counseling employees engaging in such unhealthy practices.

Details

Employee Relations: The International Journal, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 0142-5455

Keywords

Article
Publication date: 24 January 2023

Elina Karpacheva and Branislav Hock

Foreign whistleblowers are foreign citizens who help national enforcement authorities to sanction both foreign-based corporations and home-based corporations that engage in…

Abstract

Purpose

Foreign whistleblowers are foreign citizens who help national enforcement authorities to sanction both foreign-based corporations and home-based corporations that engage in economic crime. This paper aims to investigate the expansion of US law in the area of transnational economic crime by discussing the case of foreign whistleblowers.

Design/methodology/approach

This paper has been developed from a literature review carried out as part of a wider study into policing international bribery.

Findings

This paper shows that extraterritorial application of US whistleblowing laws is part of a broad trend associated with extraterritorial enforcement of US anti-corruption statutes such as the Foreign Corrupt Practices Act (FCPA). The extraterritorial reach of the FCPA and other statutes allowed the USA to become the leader in sanctioning US corporations as well as non-US corporations for economic crime. In effect, some US enforcement practices have become the standard that has influenced law and law enforcement in other countries as well as internal compliance of corporations.

Originality/value

In spite of the profound impact foreign whistleblowing has on the effectiveness of national anti-corruption enforcement, this topic has been largely neglected by academic research. To the best of the authors’ knowledge, this paper is the first to provide an overview of the role of foreign whistleblowers and the significant impact foreign whistleblowing has for legal reform in European countries and internal compliance of corporations in Europe and beyond.

Details

Journal of Financial Crime, vol. 31 no. 1
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 11 July 2022

Theo Nyreröd, Stelios Andreadakis and Giancarlo Spagnolo

With sanctions becoming an increasingly important tool in ostracising autocratic regimes from western markets, the need for effective enforcement of sanctions and anti-money…

Abstract

Purpose

With sanctions becoming an increasingly important tool in ostracising autocratic regimes from western markets, the need for effective enforcement of sanctions and anti-money laundering (AML) is increasing, and the global AML regime will be the backbone to detecting evasion of sanctions. This regime, however, has been widely criticised as ineffective. This paper aims to discuss issues with the current sanctions/AML regime and propose a reward scheme for whistleblowers to enable asset seizures that is not reliant on its effectiveness.

Design/methodology/approach

This paper reviews weaknesses in the global AML regime, provide suggestions on how to design whistleblower reward programmes, based on agency experience and empirical evidence, as well as elaborate on how to use such programmes in the AML context.

Findings

This study concludes that for reward programmes to be effective in the context of AML and sanctions enforcement, they need to include witness protection and leniency for money launderers, though not for those convicted of a criminal offence associated with the predicate crime. Moreover, rewards should be mandatory and scale with the amount of money seized or confiscated, and the cap on monetary rewards should be higher than it is under the Kleptocracy Asset Recovery Rewards Programme in the USA.

Originality/value

In contrast to how the USA went about implementing rewards in this area under the Kleptocracy Asset Recovery Rewards Programme, this study argues that these programmes should be designed differently. This study also provides novel advice to governments on different design dimensions in the AML context and a model with three crucial pillars along with other design dimensions that should be considered.

Details

Journal of Money Laundering Control, vol. 26 no. 5
Type: Research Article
ISSN: 1368-5201

Keywords

Expert briefing
Publication date: 15 May 2023

Countries in Central and Eastern Europe (CEE) are under pressure to adopt whistleblower legislation in order to combat the misuse of EU funds and other breaches of EU law. In…

Article
Publication date: 25 May 2023

Emanuel G. Boussios

The purpose of this study is to explore and theorize on the motivations of a new class of whistleblowers or leakers stemming from the “abusive” cybersecurity practices of Western…

Abstract

Purpose

The purpose of this study is to explore and theorize on the motivations of a new class of whistleblowers or leakers stemming from the “abusive” cybersecurity practices of Western governments. This research primarily focuses on such practices of the US Government.

Design/methodology/approach

This work is designed as a case study research of cybersecurity whistleblowers or leakers on Western governments, involving data collection from primary and secondary sources. The method is a content analysis to determine the presence of certain themes within this primary and secondary data which this research can then make inferences about the messages within the texts.

Findings

The findings show a formation of a recent class of power brokers, with its own collective ethos, who will be known by a new term: the “New Knowledge Cyberclass” (NKC). The development of the NKC was revealed through the shocking data revelations by Edward Snowden, Julian Assange and Chelsea Manning. What separates the NKC from government “protectors” (i.e. President Obama, Central Intelligence Agency Director Mike Pompeo), who argue that these leakers stole and leaked classified documents that endangered lives, is their definitions of what it means to be defenders of democracy, which here pertains to the rights to citizens’ online privacy and the degree of secrecy in US Government.

Originality/value

To the best of the author’s knowledge, this is the first study directed toward connecting, Snowden, Assange and Manning, to the birth of a new class of power brokers designed to directly challenge Western government malpractices with citizens’ online privacy and secrecy in foreign operations. This research explores both the birth of this new class and a collective ethos that binds this group together despite the tensions and conflicts within this new class.

Details

Digital Policy, Regulation and Governance, vol. 25 no. 4
Type: Research Article
ISSN: 2398-5038

Keywords

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