Activating the harassment protocol to protect against extinction is not a good idea.

A recent ruling by the Madrid High Court of Justice has confirmed that fraudulent use of the whistleblowing channel by an employee, in order to avoid justified dismissal for poor performance, can lead to fair dismissal as it constitutes a serious breach of contractual good faith. While the whistleblowing channel is an essential tool to promote integrity, detect wrongdoing and protect employees, its effectiveness depends on honest use.

Law 2/2023 guarantees broad protection for whistleblowers against retaliation, but it is not absolute: it does not protect those who abuse the system with personal fines.

The court case demonstrates that attempts to manipulate this mechanism can discredit it, damage its credibility and harm those who really need it. Companies are therefore urged to strengthen controls, provide training and maintain rigorous protocols to ensure ethical and responsible use of this key resource in the compliance culture.

Article written by Sara Duro, Principal Associate at ECIJA for Economist & Jurist.