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Topics
Introduction
1. Fundamental Concepts
2. Economics, Market
Failure, and Professional
Dilemmas
3. Legislation, Control by
Law, Agency, and Fiduciary
Duty
4. Why Corruption? –
Behavioural Issues
Teaching Methods
Sample Material
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FAQ
Whistleblowing
RATIONALE
This module aims to introduce students to the very specific action of whistleblowing. It supports
the broader theme of “truth and disclosure,” which was dealt with in Module 9. As the name
suggests, the act of whistleblowing is a conscious attempt to raise awareness through making
external parties cognisant of misconduct or illegal behaviour. This could be– but does not have
to be – done in an anonymous way. Some of the most important issues to address are:
How to determine whether there is a moral obligation to blow the whistle in some cases;
How to appropriately design and implement whistleblowing mechanisms; and
How and when to protect whistleblowers.
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5. Conflicts of Interest
LEARNING METHODS
6. International Standards
and Supply Chain
7. Managing AntiCorruption Issues
8. Functional Area and
Anti-Corruption Issues
Having completed the module, students should be able to:
Define whistleblowing;
Determine under which conditions whistleblowing would be the most appropriate strategy;
Describe practical steps companies can take to design and implement effective
mechanisms; and
Explain legal standards that are aimed at the protection of whistleblowers.
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9. Truth and Disclosure
10. Whistleblowing
11. The Developing Global
Anti-Corruption Regime
STUDY QUESTIONS
1. Consider the position of Searle Lawson in the “Aircraft Brake Scandal” case. At what point, if
any, should he have blown the whistle to someone outside B.F. Goodrich? Why do you think
that the outcome in the “Airline Safety” case was so different for Mark Lund?
2. Evaluate the 4 options facing Steiner, a potential whistleblower, in the “Moment of Truth” case.
Pick the option that you would choose and justify your choice using course concepts. Also,
consider how the new financial reform act strengthens whistleblower protection (“New Financial
Reform Legislation”).
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SEE FEWER LITERATURE LISTINGS
CORE LITERATURE
New Financial Reform Legislation Provides Whistleblowers with CORE
Expansive Protection
CONCEPTS
M. B. Hogan
Debevoise & Plimpton
2010
To Our Clients and Friends: Today, President Obama signed into law the
Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Act”). The
Act expands existing whistleblower protections under Section 806 of the
Sarbanes-Oxley Act (“SOX”) and establishes new whistleblower protectio...
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Protecting whistleblowers at work. A comparison of the impact CORE
of British and South African legislation
CONCEPTS
D. Lewis
Managerial Law, 49, 76-92
2007
Purpose – The paper proposes to compare the relative success of the Public
Interest Disclosure Act 1998 (UK) and the Protected Disclosures Act 2000
(South Africa) in providing protection for whistleblowers in the UK and South
Africa. Design/methodology/approach – The assessment is conducted i...
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Protecting whistleblowers in Norway and the UK: a case of mix CORE
and match?
CONCEPTS
D. Lewis
International Journal of Law and Management, 51(6), 374-388
2009
Purpose – This paper aims to compare and contrast the approaches taken by
the UK and Norway in providing employment protection for whistleblowers.
Design/methodology/approach – The paper examines the legislative provisions
contained in the Employment Rights Act 1996 (UK) and the Work Environm...
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Whistle-blowing (technical note)
M. Kleinhempel
CORE
CONCEPTS
2011
Internal whistleblowing is an effective and constructive control mechanism, and
its success rides on its proper implementation through support policies. It is
also the best defense against the temptation of external whistleblowing, driven
now, for example, by the US Dodd-Frank Act an...
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Whistleblowing, MNCs and Peace
T. M. Dworkin
Vanderbilt Journal of Transformational Law, 35, 457-486
2002
CORE
CONCEPTS
This Article examines the relationship among whistleblowing, corporations, and
international peace. The Author attempts to establish that whistleblowing is a
vital part of transparency and good government. In Part II, the Author examines
the rational for whistleblowing. Part III addresses the cultur...
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Common law – common mistakes? Protecting whistleblowers in CORE
Australia, New Zealand, South Africa and the United Kingdom CONCEPTS
W. De Maria
2006
International Journal of Public Sector Management, 19 (7), 643-658
Cardinal de Richelieu’s (1585-1642) famous utterance: "Secrecy is the first
essential in the affairs of the State", is the starting point for this paper. As a
general proposition governments require an informationally subjugated
populace to rule. In the context of business-centred cultures, t...
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Commerce and Industry Group. 2007. Blowing the Whistle
Law and Financial Market Review, May
2007
CORE
CONCEPTS
A key part of any organisation’s corporate governance arrangements should
be to encourage its staff to report any serious malpractices that they observe,
first to their superiors within the organisation and, if that avenue fails or is for
some reason not available, to external authorit...
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Cultural Resistance to Whistleblowing Systems – Myth or
Reality?
R. Berenbeim
The Conference Board
CORE
CONCEPTS
2007
Americans may think that whistleblowing systems don’t work abroad because
workers and governments don’t want them. But they can work, and new
conversations explore some of the challenges of taking the concept abroad....
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Airline Safety: A Whistleblower’s Tale
S. Holmes
Business Week
PRIMARY
SOURCE
2008
Lund's story shines a spotlight on a conflict that most passengers have no idea
exists: the one between safety inspectors and airlines....
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ICC Guidelines on Whistleblowing
International Chamber of Commerce
PRIMARY
SOURCE
2008
ICC established a task force on this issue in order to prepare ICC guidelines in
addition to the Whistleblowing chapter of the ICC Handbook....
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Aircraft Brake Scandal
K. Vandivier
CASE
1972
B.R. Goodrich Company has been a major American corporation that
manufactures aircraft wheels and brakes. Some many years ago, they had won
a contract for LTV Aerospace Corporation to build brakes for a new Air Force
plane (A7D). The brake was not a success and LTV no longer came to
Goodrich for...
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Moment of Truth: A Whistleblower’s Dilemma in the Financial
Services Industry
D. Schepers
Institute of Behavioral and Applied Management
2003
A real life narrative of how Joel Steiner discovered that the firm he worked for
CASE
was involved with insider trading. ...
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ADDITIONAL LITERATURE
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