The city of Kyoto decided that the disposition was too heavy for the staff who had been suspended from work because they took out the materials of the child guidance center for whistle-blowing, and the disposition was canceled. Therefore, on the 13th, we decided to dispose of "blame", which is lighter than disciplinary action.
Experts point out that "disposal can atrophy the person trying to report."
Supreme Court "Disposal is too heavy"
In 2015, a male employee in his 40s in Kyoto City was working at a child guidance center, and a consultation was left unattended that a former director of an orphanage in the city tried to sexually abuse a resident girl. As a result, I notified the outside window set up by the city.
At that time, the city took disciplinary action for three days of suspension because it took out internal materials with consultation records as evidence without permission.
In January of this year, the Supreme Court said that a male employee had taken out the materials for the purpose of "reporting to the public interest" and said that the disposition was too heavy. The ruling was finalized and the disposition was revoked.
As a result of reexamining the disposition, the city of Kyoto took the internal materials home and stored them, and then dispose of them without permission, saying that it violates the city's management standards, and on the 13th, the male staff was punished with a lighter blame than disciplinary action. It was made.
The city of Kyoto said, "We are aware of the importance of reporting to the public interest, and we take it seriously that the ruling states that" disciplinary action will be seriously lost. "However, regarding the take-out and unauthorized disposal of documents. Has been found in court to be a disciplinary reason, and we have considered and disposed of those acts. "
Male employee "I have no regrets about the public interest report"
Regarding the re-disposition, a male employee said, "There is no apology from Kyoto City that the disciplinary action for suspension was wrong, and I am not convinced that it will be distressed. I was worried that it might be the case, and I couldn't think of a suitable storage place other than my home. I understood that I had consented to the disposal, but the ruling pointed out that it was careless. I regret that I couldn't overlook the criminal activity, so I still have no regrets about making a public interest report. "
A lawyer who is familiar with the whistleblowing system
Regarding this disposition, Attorney Tokuhiko, a lawyer who is familiar with the whistleblowing system, pointed out that "a very large chilling effect on reporting to correct the problem will work, and it will be very negative from the viewpoint of improving compliance." I will.
He thought that there was a problem with the child guidance center's response, and said that it would not be criticized to take out the necessary materials for reporting in order to correct it. There is no provision, but evidence is very important when making a report. It is necessary to put in place certain rules so that the whistleblower will not be held liable. "