Page 42 - ITM Employee Handbook September 2020

wrongdoing had occurred, or was likely to occur, and that this relevant wrongdoing came to their
attention during the course of their employment.

3.8.1 Relevant Wrongdoings
Certain disclosures afford employees some protection under law, definitions of relevant wrongdoings
for the purpose of this are;

a) That an offence has been, is being or is likely to be committed;
b) That a person has failed, is failing or is likely to fail to comply with any legal obligation, other
than one arising under the workers contract of employment or other contract whereby the
worker undertakes to do or perform personally any work or services;
c) That a miscarriage of justice has occurred, is occurring or is likely to occur;
d) That the health and safety of any individual has been, is being or is likely to be endangered;
e) That the environment has been, is being or is likely to be damaged;

3.8.2 Disclosure Criteria
The disclosure must be where the employee believes

a) That the disclosure relates to a relevant wrongdoing as defined in 3.8.1 above
b) That the information disclosed, and any allegation contained in it, are substantially true.

If these criteria are fulfilled, the employee is not liable for damages by making a disclosure and nor
shall they be penalised by their employer for having done so.

IF the protected disclosure procedure has not been invoked in good faith (for example for malicious
purposes or in pursuit of a personal grudge), then it will make you liable to immediate termination of
employment or such lesser disciplinary sanction as may be appropriate in the circumstances.

3.8.3 Procedure for Making a Disclosure
If you so wish you must in the first instance report any concerns you may have to a MANAGER who
will treat the matter with complete confidence, and your identity will remain protected.
Only where you reasonably believe that the relevant wrongdoing which the disclosure tends to show
relates solely or mainly (a) to the conduct of a person other than your employer, or (b) to something
for which a person other than your employer has legal responsibility should you raise the matter with
a person not affiliated with the Company such as the Gardai, a Legal Advisor, the Minister, Revenue,
Health and Safety Authority or Social Services Department.

3.9 MATERNITY LEAVE AND MATERNITY BENEFIT
The following sections describe the Company's policy on maternity leave, maternity pay and paternity
leave/pay. The Company offers benefits and leave, which are in line with the statutory maternity
scheme. If you have any questions about this policy or about any other aspect of maternity rights, you
should contact a MANAGER.

3.9.1 Time off for Ante - Natal Classes
A pregnant employee is entitled to time off from her work to the equivalent of the duration of the
class and not including travel time, without loss of pay to attend one set of antenatal classes (other
than the last 3 classes). In addition, an employee who is an expectant father of a child is entitled to
time off from work, without loss of pay to attend the last 2 antenatal classes in a set before the birth.
This is a once off entitlement for fathers in relation to one birth only.
In order to avail of this right a pregnant employee or an expectant father must:

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