Browsing by Author "Kobroń-Gąsiorowska, Łucja"

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    European Union model of whistleblowing
    (KUL Publishing House, 2022) Kobroń-Gąsiorowska, Łucja
    In October 2019, the European Union adopted the Directive on protecting persons reporting breaches of European Union law, commonly known as the „Whistleblower Protection Directive” (EU Directive). The protection of national policies is beyond the scope of the Directive, as its sole purpose is to encourage people to report "breaches of EU law", ie, to strengthen „enforcement of the Union law and policies in specific areas”. The Directive is not concerned with the protection of workers or employees. The Directive treats whistleblowers as an instrument for reporting irregularities. Another proof of the instrumental approach adopted in the Directive is the lack of any financial incentives for whistleblowers. This article's basic thesis is that despite dynamic and multifaceted changes in the economy of individual countries, the accepted model of whistleblowing in the European Union will depend on repeated multidimensional analysis of the principle of the lawyer's loyalty to the organization. The research presented below aims to prove the validity of the adopted thesis.
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    The Scope of the Employee’s Right to Allowed Public Criticism of the Supervisor. Gloss to the Judgment of the Supreme Court of August 28, 2013, I PK 48/13. Critical Voice
    (Wydawnictwo KUL, 2023) Kobroń-Gąsiorowska, Łucja
    This gloss discusses the position of the Supreme Court adopted in the judgment of August 28, 2013, I PK 48/13. The main thesis of the Court concerned the employee’s possibility of allowed public criticism of the supervisor, i.e. the right to whistleblowing, which is the disclosure of irregularities in the functioning of the workplace consisting in various types of acts of dishonesty, unfairness involving the employer or its representatives, when this does not lead to a breach of the employee’s duties consisting, in particular, in caring for the interests of the workplace and maintaining the confidentiality of information, the disclosure of which could cause damage to the employer (duty of loyalty; not to infringe the employer’s interests – Article 100 § 2 (4) of the Polish Labor Code. The Supreme Court’s lack of consistency in its ruling between informing the public about irregularities in the workplace and the employee’s duty of loyalty provides for even more doubts on the part of employees wishing to report irregularities. In the author’s opinion, the position taken in the case does not explain when loyalty is binding on the employee. The Supreme Court duplicated the lack of consistency in subsequent rulings, e.g. of May 10, 2018.