Whistleblowers or Offenders? A Judicial Approach to Whistleblowing – The LuxLeaks Case

The aim of this article is to study the role of judges and their impact on the retaliation processes initiated by organisations against whistleblowers. More specifically, we question the normative logics used by judges to validate or invalidate such processes. To this end, we cross-check and analyse...

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Bibliographic Details
Published in:IDEAS Working Paper Series from RePEc 2021-01, Vol.24 (4), p.1-17
Main Authors: Ouriemmi, Oussama, Ben Khaled, Wafa, Fanchini, Mahaut
Format: Article
Language:English
Subjects:
Business administration
ethics
Humanities and Social Sciences
judge
judicialisation
normativity
retaliation
whistleblower
Whistleblowing
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Summary:The aim of this article is to study the role of judges and their impact on the retaliation processes initiated by organisations against whistleblowers. More specifically, we question the normative logics used by judges to validate or invalidate such processes. To this end, we cross-check and analyse judicial data from the LuxLeaks case (2010–2018). Our results firstly enable us to establish a relationship between, on the one hand, the interpretative power of judges and their profile and, on the other, the attitude that judges may have at the end of the retaliation process towards whistleblowers, that is, retaliatory actors or protective actors. Our results also explain the normative dynamics that permeate the judicial retaliation process. They show that judges can challenge existing legal norms, clarify and operationalise others, and create new norms regulating ethical behaviour in organisations.
ISSN:1286-4692
1286-4692
DOI:10.37725/mgmt.v24.5449