• Information Technology
  • Human Resources
  • Careers
  • Giving
  • Library
  • Bookstore
  • Active Living
  • Continuing Education
  • Go Dinos
  • UCalgary Maps
  • UCalgary Directory
  • Academic Calendar
My UCalgary
Webmail
D2L
ARCHIBUS
IRISS
  • Faculty of Arts
  • Cumming School of Medicine
  • Faculty of Environmental Design
  • Faculty of Graduate Studies
  • Haskayne School of Business
  • Faculty of Kinesiology
  • Faculty of Law
  • Faculty of Nursing
  • Faculty of Nursing (Qatar)
  • Schulich School of Engineering
  • Faculty of Science
  • Faculty of Social Work
  • Faculty of Veterinary Medicine
  • Werklund School of Education
  • Information TechnologiesIT
  • Human ResourcesHR
  • Careers
  • Giving
  • Library
  • Bookstore
  • Active Living
  • Continuing Education
  • Go Dinos
  • UCalgary Maps
  • UCalgary Directory
  • Academic Calendar
  • Libraries and Cultural Resources
View Item 
  •   PRISM Home
  • Haskayne School of Business
  • Haskayne School of Business Research & Publications
  • View Item
  •   PRISM Home
  • Haskayne School of Business
  • Haskayne School of Business Research & Publications
  • View Item
JavaScript is disabled for your browser. Some features of this site may not work without it.

Malice and Whistleblowing

Thumbnail
Download
Bowal_Malice and whistleblowing_E-Journal of International and Comparative Labour Studies_2013.pdf (1.823Mb)
Download Record
Download to EndNote/RefMan (RIS)
Download to BibTex
Author
Bowal, Peter
Accessioned
2015-01-27T23:15:54Z
Available
2015-01-27T23:15:54Z
Issued
2013
Other
malice
whistleblowing policies
whistleblowing legislation
Subject
whistleblowing
good faith
Type
journal article
Metadata
Show full item record

Abstract
Whistleblowing legislation and corporate whistleblowing policies typically prescribe that reports of wrongdoing must be made in “good faith.” Sometimes this requirement is stated in the negative, that reports made with “malice” or “bad faith” will be disqualified from investigation or protection, or both. Although malice appears to be a popular and effective screening instrument, if not a strong signal to deter potential whistleblowers, the rationale for the no-malice rule is rarely articulated by legislators and policy drafters. Definitions in whistleblowing law and policy are hard to find. Is someone who personally seeks justice and an end to wrongdoing an actuator of malice? Given the no-malice rule, are individual and personal victims of wrongdoing ever permitted to blow the whistle? How much malice is required to disqualify a report, or is an all-or-nothing approach in effect by default? What is the process for preliminary determination of malice or good faith when a report is received? The good faith threshold standard, which focuses entirely on the messenger and not on the message in any way at all, may not be well understood by legislators, policy makers and whistleblowing administrators. It is likely a standard that is unevenly applied in practice. This article critically analyses the no-malice rule and recommends discarding it as a matter of effective whistle blowing law and policy.
Refereed
Yes
Copyright retained by author on pdf. Article deposited after permission was granted by LCR.01/27/2015
 
Citation
Peter Bowal, “Malice and Whistleblowing,” (2013) 2:3 E-Journal of International and Comparative Labour Studies” 94 – 115
Corporate
University of Calgary
Faculty
Haskayne School of Business
Url
http://pkp.sfu.ca/
Publisher
Public Knowledge Project
Doi
http://dx.doi.org/10.11575/PRISM/34107
Uri
http://hdl.handle.net/1880/50313
Collections
  • Haskayne School of Business Research & Publications

Browse

All of PRISMCommunities & CollectionsBy Issue DateAuthorsTitlesSubjectsThis CollectionBy Issue DateAuthorsTitlesSubjects

My Account

LoginRegister

Download Results

Statistics

Most Popular ItemsStatistics by CountryMost Popular Authors

  • Email
  • SMS
  • 403.220.8895
  • Live Chat

Energize: The Campaign for Eyes High

Privacy Policy
Website feedback

University of Calgary
2500 University Drive NW
Calgary, AB T2N 1N4
CANADA

Copyright © 2017