QFC 0005/2021 [2022] QIC (A) 3

This case involved whether an employer should pay costs of an appeal of a Regulatory Tribunal decision on whistleblowing. The appeal was allowed on one issue whether the whistleblowers had acted in good faith under Article 16 of the QFC Employment Regulations on contraventions of the regulations. However, all other issues raised were rejected. Costs were normally determined based on how successful a party was. A key point made was that the jurisprudence of England and Wales would not be considered when looking at costs as the QICDRC had its own clear rules on this subject.

Background

On 13 February 2022, judgment was given allowing an appeal from the decision of the Regulatory Tribunal (Sir William Blair (Chairman), Justice Laurence Li and Justice Muna Al Marzouqi) solely in relation to the issue as to whether two employees who claimed that they had acted as whistleblowers had satisfied the requirement of acting in good faith under Article 16 of the QFC Employment Regulations when reporting concerns about contraventions of regulations by the appellant (IFSQ). The court refused leave on all other issues on 15 September 2021.