Dornan Whistleblowing Policy
This Whistleblowing Policy sets out the guidelines and procedures for reporting any concerns or wrongdoing within Dornan Engineering Ltd and other companies in the Dornan Group (hereinafter referred to as “the Dornan Group”). The purpose of this policy is to encourage employees and stakeholders to report any improper conduct, unethical behaviour, or any other violations of legal or regulatory requirements whether they occur inside or outside the State. The Dornan Group is committed to creating an environment that promotes transparency, integrity, and accountability. The motivation for making a disclosure is irrelevant to whether it is a protected disclosure or not.
Scope
This policy applies to all employees, contractors, consultants, suppliers, clients, volunteers, and other stakeholders of the Dornan Group. It covers any concerns related to financial irregularities, fraud, corruption, environmental, health and safety violations, discrimination, harassment, environmental issues, or any other misconduct that may harm the company, its employees, or the public. Further clarification on what constitutes a wrongdoing is set out in Appendix 1.
Reporting Procedures
The Dornan Group encourages individuals who have concerns or information about potential wrongdoing to report them internally. Whistleblowers can report their concerns to the Data Protection Officer (DPO). Reports in the first instance may be made orally or in writing. Alternatively, they may use the designated whistleblowing channel on the Data Protection Departments Dornet page via the completion of a Microsoft Form. The company will acknowledge in writing to the person making a disclosure the receipt of the report not more than 7 days after receipt of it.
External Reporting
The Dornan Group encourages individuals who have concerns or information about potential wrongdoing to report them externally. Whistleblowers can report their concerns to the Data Protection Officer. Report can be made orally or in writing, the details of how to do this are outlined below. The company will acknowledge in writing to the person making a disclosure the receipt of the report not more than 7 days after receipt of it.
External Reporting Channel Address & Contact Number:
Data Protection Officer,
Unit 10 Eastgate Avenue,
Eastgate
Little Island
T45 PC63
087 1898420
The Dornan Group recognises that some individuals may wish to report concerns anonymously. The company provides mechanisms to facilitate anonymous reporting. This can be done via post or by phone (outlined below). Whilst anonymous reports are welcomed, they may limit the company’s ability to investigate fully and address the concern. Nonetheless, all reports, whether anonymous or not, will be taken seriously and will be thoroughly investigated to the extent possible.
Anonymous Reporting Address & Contact Number:
Data Protection Officer,
Unit 10 Eastgate Avenue,
Eastgate
Little Island
T45 PC63
087 1898420
Confidentiality and Penalisation
The Dornan Group is committed to maintaining the confidentiality of whistleblowers to the extent reasonably possible. All reports will be treated with the utmost sensitivity, and the identity of the whistleblower will be protected to the fullest extent allowed by law. Penalisation, such as dismissal, demotion, intimidation, and blacklisting, against any whistleblower is strictly prohibited, and the Dornan Group will take appropriate action against any individual found to be engaging in penalisation.
Investigation and Follow-Up
Upon receiving a whistleblowing report, the DPO will conduct an initial assessment to determine the seriousness and credibility of the allegations. This assessment will be carried out promptly, fairly, and impartially.
The DPO will maintain communication with the person making the whistleblowing report and where necessary request further information from and provide feedback to that person.
If, having carried out an initial assessment the DPO decides that on the face of it there is no evidence of relevant wrongdoing, the DPO will arrange to close the process and will provide notification to the person who made the report, in writing, as soon as practicable of the decision made and the reasons for it.
If, having carried out an initial assessment the DPO decides that on the face of it there is evidence that a relevant wrongdoing may have occurred, the DPO will take appropriate action to address the relevant wrongdoing having regard to the nature and seriousness of the matter in question. This may include a formal investigation. Such investigation will be conducted by the DPO who has the appropriate expertise and independence. The DPO will maintain communication with the person who made the report and will provide feedback. The feedback will be provided to the reporting person within a reasonable period, not more than 3 months from the date of the acknowledgement of the receipt of the Whistleblowing Report. Thereafter, where the person who has made the whistleblowing report so requests in writing the DPO will provide further feedback at intervals of 3 months until such time as the procedure relating to the report concerned is closed. The whistleblower will be informed as soon as practicable of the outcome of the investigation to the extent permitted by law.
Once the investigation is complete, the findings will be reported to the managing director and the board. If wrongdoing is substantiated, the Dornan Group will take prompt and appropriate action, which may include disciplinary measures, remedial actions, or referral to law enforcement authorities as necessary. The whistleblower will be informed as soon as practicable of the outcome of the investigation to the extent permitted by law.
The Dornan Group is committed to providing protection and support to whistleblowers throughout the process. This includes protection against penalisation, such as demotion, termination, harassment, or discrimination, for making a good-faith report. Whistleblowers who believe they have been subjected to penalisation should report such incidents immediately to the DPO, and the company will take appropriate action to address and remedy the situation.
This Whistleblowing Policy will be periodically reviewed and updated as necessary to ensure its effectiveness and compliance with relevant legal and regulatory requirements. By implementing this Whistleblowing Policy, the Dornan Group aims to foster a culture of integrity, transparency, and accountability, where concerns can be raised and addressed promptly and appropriately.
Appendix
What disclosures are protected?
The legislation to protect a whistleblower allows for the disclosure by the whistleblower of “relevant information” in the appropriate manner as allowed by that legislation. This means that some but not all disclosures are protected. It also means that a disclosure must only be made in accordance with the mechanism allowed by law and this policy. Information is considered to be “relevant information” if in the reasonable belief of the whistleblower it tends to show one or more “relevant wrongdoings” and it came to the attention of the whistleblower in a work-related context.
What are “relevant wrongdoings”?
The legislation lists them as follows:
- That an offence has been, is being or is likely to be committed.
- That a person has failed, is failing or is likely to fail to comply with any legal obligation, other than one arising under the worker’s Contract of Employment or other Contract whereby the worker undertakes to do or personally perform any work or services.
- That a miscarriage of justice has occurred, is occurring or is likely to have occurred.
- That the health or safety of any individual has been, is being or is likely to be endangered.
- That the environment has been, is being or is likely to be endangered.
- That the environment has been, is being or is likely to be damaged.
- That an unlawful or otherwise improper use of funds or resources of a public body, or of other public money, has occurred, is occurring or is likely to occur.
- That an act or omission by or on behalf of a public body is oppressive, discriminatory, or grossly negligent or constitutes gross mismanagement.
- That a breach has occurred, is occurring or is likely to occur.
- That information tending to show any matter falling within any of the preceding paragraphs has been, is being or is likely to be concealed or destroyed or an attempt has been, is being or is likely to be made to conceal or destroy such information.
What are not “relevant wrongdoings”?
A matter is not a “relevant wrongdoing” if it is a matter which it is the function of the whistleblower or the whistleblower’s employer to detect, investigate or prosecute and does not consist of or involve an act or omission on the part of the employer. This exclusion relates to circumstances where Dornan or its personnel might have a supervisory role in relation to third parties. It does not exclude or prevent disclosure in relation to acts or omissions by Dornan. Neither does protection extend to information in respect of which a claim to legal professional privilege could be maintained in legal proceedings. This relates to information that may come to light in relation to or in the course of legal proceedings whether commenced yet or not.
Sometimes issues can arise in relation to disclosure of information in the context of interpersonal difficulties in the workplace and or where there is a workplace grievance. Protected disclosures are not to be used as a mechanism for making ill-founded complaints or to unduly complicate workplace disputes. A disclosure of information in these circumstances is not necessarily a protected disclosure. A disclosure concerning interpersonal grievances which exclusively affects a whistleblower, namely, grievances about interpersonal conflicts between the whistleblower and another employee or a disclosure in relation to a matter concerning a complaint by the whistleblower to, or about his or her employer (Dornan) which concerns the worker exclusively, are not considered to be “relevant wrongdoing”. Any such issues should be dealt with through the procedures established and set out in the Dornan Grievance Policy & Procedures.
Before making a disclosure, you should carefully consider the provisions of this policy and, if necessary, consider obtaining appropriate advice.