Central Bank Fired Investigator Over HR Complaint
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Central bank Manager Accused of Unlawful Dismissal of Investigator
Background: The Dispute
Nigar Babayeva, a former forensic investigator with the Central Bank of Ireland, is pursuing legal action against the bank under the Protected Disclosures Act 2014 and the Unfair Dismissals Act 1977. The case centers around her dismissal following a complaint she made against a Central Bank manager.
The details of the dispute were publicly disclosed during a hearing at the Workplace Relations Commission (WRC). The Central Bank initially sought to have the case heard in private, but this application was unsuccessful.
Conflicting Termination dates and Jurisdictional Challenge
A key point of contention raised by Niamh mcgowan BL, representing the Central Bank, is the discrepancy in termination dates provided by Ms. Babayeva’s legal team. Two separate complaint forms were filed with the WRC, citing termination dates in July 2023 and July 2024.
Ms. McGowan argued that these inconsistent claims render the case incoherent and possibly outside the WRC’s jurisdiction. She requested that the jurisdictional issue be resolved before proceeding with the substantive claims.
Whistleblower Penalization Allegations
Ms. Babayeva alleges that the central Bank engaged in whistleblower penalization due to the delay in addressing her appeal against the termination of her probation. Though, the Central Bank contends that the delay was necessary to conduct an internal investigation under its protected disclosure procedures.
According to Ms. mcgowan,the investigation was a prerequisite to reaching a reasoned conclusion on the appeal. The bank maintains that the process was followed correctly and that no penalization occurred.
legal Framework: Protected Disclosures Act 2014
The protected Disclosures Act 2014 provides legal protection to individuals who report wrongdoing within organizations. It aims to encourage the reporting of concerns without fear of retaliation. Key provisions include:
- Protection from penalization for making a protected disclosure.
- Obligations on employers to establish internal channels for reporting wrongdoing.
- Requirements for investigating protected disclosures.
A “protected disclosure” is defined as a report of details that comes to the attention of the reporting person in connection with their employment, which they reasonably believe shows wrongdoing. Wrongdoing can include illegal acts, fraud, corruption, or dangers to public health and safety.
unfair Dismissals Act 1977
The Unfair Dismissals Act 1977 provides recourse for employees who believe they have been unfairly dismissed from their employment.To succeed in a claim under this Act, an employee must demonstrate that their dismissal was:
- Unfair in itself (e.g., without reasonable cause).
- Procedurally unfair (e.g.,due process was not followed).
The Act sets out specific procedures for handling unfair dismissal claims, including conciliation and adjudication by the WRC.