DIFC 005/2020 issued on 10/2/2021
The initial dispute involved whistleblowing protection under the Operating Law for an individual who had been dismissed. It was stated this did not apply as the law had not yet come into force at the relevant time. This case involved a request to reopen the appeal, post hearing submissions and the reclusal of the judge.
Background
The Claimant appealed from the decision of “preliminary issues“ ordered and determined by the Deputy Chief Justice. Judgment in the appeal was issued on 2 November 2020. In Issue 5(a) it was decided that the Claimant was not entitled to relief in respect of the alleged contravention of Article 64(3)(c) of DIFC Law No. 72018 which gave protection to a person making a whistleblowing disclosure, as the disclosures on which the Claimant relied were made before the Operating Law came into force.