World@Work: Whistleblowers, Investigations & the Boardroom - A Multi-Jurisdictional Lens

Ashurst’s Employment partner Jennie Mansfield (Australia) is joined by Employment partner colleagues Clarence Ding (Singapore), Muriel Pariente (France), and Dan Ornstein (United Kingdom) to examine the implications for boards when allegations of misconduct are made against C-suite leaders. As well as sharing an overview of the regulatory environments in their respective jurisdictions, our expert panel explain the mechanics of scoping an investigation including governance, process, and substance considerations. There’s also discussion about the nuances and potential consequences of suspending those who are subject to investigations (different rules apply in different jurisdictions). The second half of the podcast focuses on whistleblower confidentiality and how each jurisdiction approaches this. The panel discusses when anonymous testimony can be used in disciplinary proceedings, the conflicts of interest that arise when a senior executive controls the very whistleblowing process under which concerns are raised about them, and the phenomenon when an executive deploys whistleblower disclosures as a defensive tactic. This episode is not for the faint of heart – but it’s compulsive and essential listening for board members. To listen to this search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. You can also find out more about the full range of Ashurst podcasts at ashurst.com/podcasts. The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.See omnystudio.com/listener for privacy information.