Protected Disclosures and employer liability.
28/04/2026

Whistleblowing & "Under the Bus": The Inland Fisheries Ireland Protected Disclosure Case A recent hearing at the Workplace Relations Commission (WRC) has highlighted the extreme professional and personal risks faced by employees who blow the whistle on corporate negligence. The case involves Inland Fisheries Ireland (IFI) and an assistant fishery inspector, James Doherty, who alleges he was "thrown under the bus" by his employer after reporting that the agency had been operating a fleet of uninsured vehicles. The Background: A "Bomb" in the Agency The conflict began in August 2021, following a road traffic accident involving Mr. Doherty while he was driving a vehicle hired by the IFI. In the course of the aftermath, Mr. Doherty discovered a shocking administrative failure: the vehicle he was driving—and more than a dozen others in the fleet—had no insurance cover. Recognizing the gravity of the situation, Mr. Doherty made a Protected Disclosure to senior management and the relevant government minister. In his own words during the WRC hearing, he knew that reporting this "would be like a bomb going off" within the State agency. The Allegations of Penalisation Under the Protected Disclosures Act 2014 (as amended), employees are protected from "penalisation"—any act or omission by an employer that is detrimental to the worker because they made a disclosure. Mr. Doherty’s claim centers on several key points of alleged penalisation: Legal Jeopardy: He claims the agency knew the vehicles were uninsured shortly after his accident but failed to inform him. This led to him unknowingly providing incorrect insurance details to the Gardaí, leaving him personally exposed to legal consequences. Ostracisation: The WRC heard that following his disclosure, Mr. Doherty felt singled out and isolated within the organization. Failure of Duty of Care: The core of the "under the bus" allegation is that the agency prioritized protecting its own reputation over the legal safety and professional wellbeing of the employee who pointed out their error. Why This Case Matters for Employees and Employers This case is a textbook example of why the Protected Disclosures (Amendment) Act 2022 is so critical. The updated law strengthens the burden of proof, often requiring the employer to prove that the alleged "penalisation" was not linked to the whistleblowing. For those in the fisheries agency, the fallout has been massive, leading to scrutiny by the Public Accounts Committee (PAC) and revealing a "collapse" in governance. For the average Irish worker, it serves as a reminder that: Whistleblowing is protected by law: You cannot be legally punished for reporting wrongdoing in the public interest. Penalisation isn't always a dismissal: It can include demotion, unfair treatment, or being left to face legal issues that the employer should have handled. Expert Advice At unfairdismissal.ie, we often see cases where a "breakdown in the relationship" follows a disclosure. If you feel you are being isolated, passed over for promotion, or treated unfairly after raising a concern about health and safety, insurance, or financial mismanagement, you may have a claim for penalisation. Is your employer following the law, or are they looking for a scapegoat? If you are facing a situation similar to the IFI case, contact us today for a confidential consultation regarding your rights under the Protected Disclosures Act.
