so do not expect all of my links to work,.... yet.
That having been said, there is only one =
Whistleblowing is reporting on misconduct. Generally it takes place within an employment setting. As long as employers enjoy the assumption of truth and protection from transparency and accountability, undermining the law with lies is too easy. There is a lot of resistance to transparency and accountabiltiy. That having been said, not implementing the directive does not release the countries from their obligation to enforce it.
German labor law currently gives employers sweeping rights to terminate employment for alleged disloyalty.
Any criticism of an employer is grounds for immediate termination. Pointing out that an employer is slandering you will get you fired for disloyalty.
If you provide evidence, that the employer is violating your rights, the employer can fire you for revealing "company secrets." It is a Catch 22.
You do not have to do anything wrong. All your employer has to do is allege you did. The labor courts will most likely uphold the termination.
Implementing the Whistleblowing directive will de facto change established German labor law and practice, but it will take time to change it.
The Whistleblower Directive includes a reversal of the burden of proof for legal proceedings. The Directive prohibits employers from taking or even threatening reprisals, such as dismissal, against whistleblowers. However, if the employment relationship is terminated after a report and the whistleblower claims that the termination was a consequence of his or her report, the Directive introduces a presumption that the employment action was in fact an (illegal) reprisal for reporting or disclosing breaches. It is then up to the employer to prove otherwise and rebut the legal presumption.
Although a directive doe not have legal status in its own right, if a member state does not implement the directive in due time or lawfully, the legal situation is different. If the deadline for implementation has expired, the European Court of Justice assumes the directive has direct effect if its provisions are drafted in a clear and unambiguous way so that they do not longer require further specification or clarification from national legislators.
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In September 2016 seven persons - 2 boards members, 3 department heads, a team leader and an employee - coordinated in the words of a judge to concoct an “irreversible loss of rights
(which) was realized anew every day. Moreover, the substandard nature of the employment was so blatant that it caused significant damage to the professional reputation of the employee.” The judge was merely reacting to my assignment to a menial task, but his words “significant damage” to my professional reputation accurately describe all of the actions taken by the seven persons and a hired fixer, since November 2014.
Data protection means getting personal data right every time.
Any form of manipulation and change in personal data is a violation of data protection law. Taking sentence fragments out of context, excluding exculpatory facts and imputing degrading intent are all data manipulation. Data manipulation violates civil and penal code. It undermines the law.
Since 2014 my ex-employer has been slanderously violating my rights. In the employer's refusal to correct the lies and misinformation spread to defame me, the employer continues to cause an "irreversible loss of rights ...realized anew every day".
In refusing to correct the lies, the employer is violating human rights and German basic law "anew every day."
Work in Progess
Work in Progress
Work in Progress
One Equal is a simple website to give insight into recognizing and calling out human rights violations. It provides a case study and hopefully some incentive to better understand and protect human dignity.
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