Whistleblower Protection involves legal services aimed at defending the rights of individuals who have exposed corruption, illegal activities, or dangerous actions in their workplace. Whistleblowers often become victims of retaliation: they are fired, demoted, harassed, or subjected to unbearable working conditions. Georgian legislation protects whistleblowers, especially in the public service, but protection mechanisms also exist in the private sector based on the Labor Code and the Law on Elimination of Discrimination. Protecting a whistleblower is not just an individual right; it is a matter of public interest, as whistleblowing promotes transparency and legality. Our service ensures that no one is punished for telling the truth and that violated rights are restored.
What does the Whistleblower Protection service cover?
Our service focuses on the physical, psychological, and professional safety of the whistleblower:
- Anonymity Guarantee: Advising on how to report in a way that protects the person's identity (where possible).
- Appealing Wrongful Dismissal: If a whistleblower was fired due to reporting, preparing a lawsuit demanding reinstatement and compensation for lost wages.
- Protection from Discrimination and Harassment: Legal response to punitive measures taken by the employer (e.g., bonus removal, unnecessary disciplinary prosecution).
- Requesting Physical Protection: In special cases (criminal cases), requesting special protection measures from law enforcement agencies.
- Representation: Defending the whistleblower's interests before internal disciplinary committees, the Public Defender, and in court.
Common Scenarios and Needs
Whistleblowers seek help when: Public Servant: Exposes a superior for corruption and receives a disciplinary penalty for "failure to perform duties" in return. Private Sector Employee: Reports financial machinations by a manager to company owners and is fired under the pretext of "redundancy." Environmentalist: Exposes a factory for pollution and faces pressure. Accountant: Refuses to sign fake documents and becomes a victim of bullying.
Georgian Legislation and Regulations
The main protective act is the Law of Georgia on Conflict of Interest and Corruption in Public Institutions, which prohibits intimidation, harassment, or dismissal of a whistleblower. The law also protects close relatives of the whistleblower. In the private sector, protection is provided by the Organic Law of Georgia "Labor Code" (Article 4 - Prohibition of Discrimination) and the Law on Elimination of All Forms of Discrimination. The Criminal Procedure Code is also important, providing witness protection guarantees.
Step-by-Step Process
The process begins with documenting the fact of whistleblowing. The lawyer assesses whether the person qualifies for whistleblower status. If a repressive action (e.g., dismissal) has occurred, a lawsuit is prepared. The burden of proof often lies with the employer—they must prove that the dismissal is not related to the whistleblowing. Concurrently, an appeal can be made to the Public Defender, who monitors discrimination facts.
Why Legal.ge?
Speaking the truth requires great courage, while protection requires professionalism. Legal.ge offers lawyers experienced in labor disputes and human rights. We will protect you from systemic pressure and ensure that your civic heroism does not go punished. Feel secure with Legal.ge.
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