The contemporary prevalence of complex business structures, and the limited resources and time of regulatory authorities charged with policing business organisations has increased the importance of whistleblowers for modern corporate governance. This article aims to contribute to the ongoing discussion in relation to the effectiveness of the existing regulatory regime, a regime that is intended to encourage whistleblowing in general and to provide sufficient safeguards to whistleblowers from dismissal or retaliation. The countries of the uk and Japan have been selected for this comparative study because they exhibit contrasting business and employment practices and because the relevant authorities have adopted distinct regulatory approaches. The comparative analysis intends to support the claim that, irrespective of the primary and secondary legislation in place in these two jurisdictions and the disparate corporate cultures existing in each, whistleblowers all too frequently end up as victims even when they have complied with the requirements and the procedures stipulated by the law, followed their conscience and reported wrongdoing.
European Journal of Comparative Law and Governance – Brill
Published: Nov 24, 2016
Keywords: whistleblowers; whistleblower protection; uk ; Japan;