The introduction of Legislative Decree No. 24 of 10 March 2023 has significantly reshaped the organisational frameworks of numerous public and private entities, requiring them to implement internal reporting channels and procedures designed, among other things, to safeguard the confidentiality of the whistleblower’s identity.

To date, practitioners have focused primarily on organisational compliance, the establishment of internal reporting channels, and the proper management of internal investigations.

However, a recent ruling by the Regional Administrative Court of Lazio has shifted attention to the employment law dimension of the whistleblowing framework, reaffirming its preventive and protective function even after a report has been submitted.

Indeed, the protection afforded to whistleblowers extends beyond ensuring confidentiality. It also encompasses protection against any form of retaliation, whether direct or indirect, carried out as a consequence of the report.

From this perspective, not only overtly punitive measures such as disciplinary sanctions or dismissal but also decisions that formally fall within the employer’s ordinary managerial and organisational powers may be subject to scrutiny.

Examples include changes to job duties, revocation of responsibilities, transfers, exclusion from career development opportunities, or other organisational measures which, although legitimate in principle, are causally linked to the whistleblowing report and capable of adversely affecting the employee’s position.

This does not imply any restriction on the employer’s managerial prerogatives, which remain fully exercisable within the scope of its organisational powers.

Nevertheless, where an employee has submitted a report under the whistleblowing legislation, any decision affecting the employment relationship requires particular attention with regard to its justification, organisational consistency, and documentary traceability.

Accordingly, employer decisions should be supported by objective, verifiable, and business-related reasons, so as to exclude any possible connection with the whistleblowing report and, consequently, any retaliatory intent.

The ruling further clarifies that the protection granted to whistleblowers does not necessarily depend on whether the reported misconduct is ultimately proven to be well-founded.

It is sufficient that the employee acted on the basis of a reasonable belief that the reported facts were true and complied with the reporting procedures established by law.

The approach adopted by the Regional Administrative Court therefore confirms that whistleblowing is not merely a mechanism for uncovering unlawful conduct, but also a legal framework that has a tangible impact on the management of employment relationships and on the exercise of employers’ managerial powers.

Organisations are therefore encouraged to strengthen their internal safeguards, paying particular attention to decisions concerning whistleblowers, especially where such decisions are taken shortly after a report has been made.

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