Latest news with #ProtectedDisclosuresAct
The Citizen
20-05-2025
- Business
- The Citizen
Is someone sabotaging Absa? Senior managers face disciplinary action for leaking information
A few senior staff members face disciplinary action for leaking confidential company information. If the walls at Absa could speak, there would be a better understanding of what is happening at the bank's top management. Since the walls cannot speak, an independent report had to do the talking. It revealed that some senior managers are involved in leaking Absa's information, prompting the bank to take disciplinary action against the individuals. In recent years, Absa has been known for its leadership instability, marked by frequent changes in chief executive officers (CEOs) since 2019. This year alone, the bank has announced it will be getting a new CEO and a new chairman of the board. There have been reports that suggest former CEO Arrie Rautenbach's early retirement and the leaked information are related. However, Absa told The Citizen this is not true. Rautenbach left for the reasons stated in the Stock Exchange News Services(SENS) announcement dated 19 August 2024. ALSO READ: Absa and Standard Bank raised their minimum salaries for 2025 – here's the new pay Leaked information Absa confirmed to The Citizen on Monday that it has commissioned an independent investigation, which included the leaking of confidential company information in its scope. To ensure its impartiality, the investigation was conducted by ENS Forensics, an independent third-party forensic firm. 'The investigation has concluded that there is prima facie evidence of serious misconduct, which will be presented in a formal disciplinary enquiry in accordance with proper protocols and procedures, including being chaired by an independent senior counsel.' Information leaked outside official channels Absa added that none of Absa's established whistleblower channels were used, and at no point did the employees involved identify themselves as whistleblowers or indicate they were making protected disclosures as defined by the Protected Disclosures Act or Absa's policy, 'despite having the opportunity to do so'. 'We value the critical importance of whistleblowers in maintaining organisational integrity and have robust protections in place for any individual who comes forward with legitimate concerns. 'Our employees have access to multiple secure channels through which they can report issues confidentially or completely anonymously, including an independently managed external facility operated by one of the big four audit firms to ensure impartiality and trust.' Absa did not disclose how the information was leaked. ALSO READ: Former customer charges Absa with perjury and defamation What information was leaked? The bank stated that a few senior staff members are involved in the disciplinary action. 'Absa is following its internal disciplinary process. It would not be fair or appropriate to speculate about the outcome of the enquiry and any subsequent actions.' The bank further stated it is bound by its commitment to strict confidentiality and will not provide additional commentary on the specifics of this case. TimesLIVE reported earlier in May that Rautenbach's departure from the bank may not be what Absa initially stated. It is suggested that a leak of important information may have led to the former CEO's early retirement. Leadership instability Absa has undergone significant changes since the departure of its long-serving CEO, Maria Ramos, in 2019. Since then, the bank has had six interim and permanent CEOs, which raises the question, 'What is going on at Absa?' The latest to be appointed as CEO is Kenny Fihla, the former deputy CEO of Standard Bank. He will commence his duties on 17 June 2025. Will he last longer than other CEOs since Ramos' departure? The latest prominent figure to go on early retirement is Sello Moloko, the bank's chairman. Absa said Moloko is stepping down to focus on his family, personal business interests, and community commitments. NOW READ: Do you still need cash? Banks closing ATMs, except Capitec
Irish Times
05-05-2025
- Irish Times
Penalisation case taken by Siptu official against union rejected by WRC
A case taken by a long-serving Siptu official who alleged her career had been 'sabotaged' after she made a series of protected disclosures alleging wrongdoing by senior managers at the organisation has been rejected by the Workplace Relations Commission (WRC). In a yet-to-be-published 136-page decision, adjudicating officer Marie Flynn said 12 of the 17 protected disclosures Ger Malone had said she made against the union did not meet the criteria set out under the Act, and she could see no evidence of penalisation in any of the 29 claimed. Several other complaints were not considered by Ms Flynn as they were adjudged to have been time-barred. Ms Malone, a shop steward at the Ray-Ban factory in Waterford and former Siptu national executive council member before she took up a full-time organisation role with the union more than 20 years ago, had made complaints under the Protected Disclosures Act, 2014. READ MORE Had she been successful, she could have been awarded up to five years' salary. During the case, Ms Malone alleged she had been repeatedly undermined and humiliated by more senior officials at the union while attempting to represent workers at third-party employers, including Carlow and Kilkenny county councils. She also highlighted issues concerning representation structures within Siptu itself, where staff are required to join the union they work for and are generally represented by a staff representative council (SRC). During protracted hearings, she said this system was worse than the one unions routinely disparaged at Ryanair and that the entire membership of the SRC had signed a letter criticising it as entirely out of step with the union's publicly stated values. She repeatedly suggested it limited her ability to be represented at the hearings. She criticised the fact that senior managers had a vote in electing members of the SRC, which she chaired for several years, and alleged they had played a part in ensuring she lost elections because they wanted to minimise her influence. A small number of Siptu staff attended some of the hearings to support her, and at least one declined to give evidence because they said it would have the potential to cause them difficulties in their work environment. Siptu, represented at the hearings by one of its former officials, Karan O'Loughlin, disputed much of Ms Malone's evidence, however, and denied any acts of penalisation had taken place. It characterised Ms Malone as an official who repeatedly declined to follow instruction from line managers and, in one instance, opened the union up to a potential defamation case. The WRC adjudicator accepted that five of the intended protected disclosures could be validly regarded as such, but said the remaining 12 did not meet the required criteria under the Act. She said Ms Malone had failed to establish that she had been penalised in any of the ways set out under the Act and rejected claims made in her closing statement that she had been unfairly treated. 'I strongly refute the complainant's assertion that she did not receive a full and fair hearing into this case,' she wrote. 'During the course of the hearing, it became apparent to me that the complainant expected me to investigate the conduct of the respondent organisation, particularly the form of representation it makes available to its staff.' She said she was restrained by the Act in what she could investigate and had done all she could to allow Ms Malone put forward evidence.
Otago Daily Times
29-04-2025
- Business
- Otago Daily Times
Council secret inquiry costs, follow-up, top $300,000
Photo: ODT files Costs relating to a secret inquiry at the Dunedin City Council, and any necessary follow-up, have climbed above $300,000. Deloitte was commissioned last year to forensically examine council practices after complaints from two whistleblowers and it is now preparing a follow-up report about possible improvements to processes. No financial irregularities were established by the investigation, the council has said. Deloitte's investigation fees were $247,900.82, including GST, until the end of March, the council said. The council's legal fees in relation to the matter were $58,483.45, including GST, to the end of March. The investigation involved Deloitte reviewing a wide range of electronic records, emails, financial records, briefing papers and meeting minutes, and interviewing staff and other people. However, the firm's report about the investigation has not been shared with councillors. The Otago Daily Times understands no serious wrongdoing was found under the Protected Disclosures Act, but the council has declined to confirm this. It also declined a Local Government Official Information and Meetings Act request from the ODT for a copy of the report and other content. The council did provide updated cost figures and reiterated audit and risk subcommittee independent chairman Warren Allen gave instructions for Deloitte to carry out its inquiry. At the end of January, Deloitte investigation costs had added up to $205,657.18, including GST. Fees from law firm Anderson Lloyd were $46,795.80, including GST, at that time. Combined costs were $252,452.98 back then. The council has said improvements to processes and a plan for "actioning" them would be reported through the audit and risk subcommittee. All councillors had access to audit and risk papers.
Irish Times
23-04-2025
- Irish Times
Garda whistleblower to sue force over arrest by armed officers during football match
A former garda who was arrested by the Emergency Response Unit (ERU) as he took part in a football match with friends is to sue the force. The man, who cannot be named for legal reasons, is taking a case against Garda Commissioner Drew Harris on a number of grounds, including the circumstances of his arrest. The case also claims breaches of the Protected Disclosures Act relating to whistleblower claims the man made about allegedly defective gun holsters acquired by An Garda Síochána . It is the ex-garda's case that he was penalised for acting as a whistleblower in relation to the holsters, which he said posed a serious safety risk to users. READ MORE The matter has been the subject of several protected disclosures and has been raised in the Dáil on multiple occasions. It has also been referred to the Garda Síochána Ombudsman Commission , which is now known as Fiosrú. The whistleblower is facing trial in the Circuit Criminal Court on a number of serious charges relating to alleged weapons offences. He denies all charges. In 2020, following an investigation into these matters, heavily armed officers from the ERU, a specialised garda unit used in high-risk operations, launched an operation to arrest the man, who was still serving as a garda at the time. ERU officers moved in and detained the man as he was taking part in a football match in a Dublin park with friends. It is understood the man initially thought it was a prank and that he knew some of the officers taking part in the operation. Sources said ERU officers were directed to arrest him in public instead of at his home to avoid any risk of a siege. The man will claim in the High Court that he was the subject of a wrongful arrest and that the manner of the detention was a gross overreaction. The case was lodged in the High Court on April 11th. He is being represented by Belfast-based solicitor Kevin Winters. He will also allege he is being punished for acting as a whistleblower regarding the holsters. He first raised concerns about the leather holsters, which were manufactured by an Irish saddlery company, in 2019. During a recent Dáil debate, Labour TD Alan Kelly held up one of the leather holsters, which have since been removed from Garda service. He said the Garda National Technical Bureau had found the holster to be 'dangerously defective' and that it was capable of engaging the gun's trigger, causing it to fire. The technical examination was carried out in 2020 after a garda assigned to protection duty at the Israeli embassy suffered serious injuries when his weapon accidentally discharged. That garda has also sued the force in relation to the incident. The same type of holster was being used by Garda Colm Horkan one week later when he was shot dead with his own weapon while on patrol in Castlerea, Co Roscommon. Stephen Silver shot Garda Horkan 11 times after removing the handgun from its holster during a struggle. In 2023, he was jailed for life. Earlier this month, Mr Kelly asked Minister for Justice Jim O'Callaghan why Garda Horkan's holster was not forensically examined by ballistics experts after the incident, despite being bagged and taken away as evidence. He said there is no doubt Silver is responsible for Garda Horkan's murder, but that 'the question must be asked whether the defective holster should have been investigated for that incident as well'. In 2023, Mr Harris announced the force had acquired a new type of holster which makes it more difficult for gardaí to be disarmed by suspects.
