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P112

Member States shall require the employer to demonstrate by clear and convincing evidence any claims or statements that the disclosure is purposefully dishonest, or is absent of public interest and that any measures taken against a whistle-blower are not in any way related to the disclosure.

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PamBQ 22.07.2016 - 15:37
The idea of this article is to make 100% clear that the burden is on the employer to suggest that a person is NOT a whistle-blower and that the burden is on them to prove that any consequences potentially faced by a whistle-blower are not related to his or her disclosure - perhaps we need to reword it to make it clearer though.
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lyric.42@hotmai... 16.06.2016 - 13:53
I am concerned about any measures being taken against a whistle-blower: I believe it would make disclosure by whistle-blowers too risky to themselves, and act as a disincentive. (Here I am thinking of the WikiLeaks case.) Unless (perhaps) it is unambiguously clear that the whistle-blower was/is acting maliciously, without regard for truth?
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Rik van Steenbergen 02.06.2016 - 14:35
I suggest to remove 'that the disclosure is purposefully dishonest, or is absent of public interest and'.