Whistleblower protection – when does it apply?

Posted by: 8. 11. 2025
Update: 9/11/2025

Whistleblower Protection Act has been part of the Czech legal system for two years. The purpose of whistleblower protection is to ensure that an employee can report a possible illegal act through the reporting system without fear of retaliation after reporting it.

Although the notification process currently functions without major problems, we can still find problematic aspects in the law, which are clarified mainly by the case law of the courts.

Subject of the dispute

One of the controversial aspects is whether protection under the Whistleblower Protection Act can also be applied in cases where the termination of an employment or service relationship occurs before the notice is filed if the circumstances indicate that the employer acted in response to its possible filing.

This issue was also addressed by the Supreme Administrative Court in its recent judgment in the case file no. 8 Ads 100/2025 dated October 22, 2025, in which he dealt with the case of termination of the employment relationship of the director of the State Institute for Drug Control (SÚKL) during the probationary period without giving a reason.

In this case, the former director of SÚKL on 18. December 2023 At a management meeting, she presented the results of an audit that had been commissioned on her initiative. She was subsequently informed on 20. December 2023 a notice of termination of employment during the probationary period has been delivered, without stating the reason. After the termination of her employment, the former director filed on December 21, 2023 notification under the Whistleblower Protection Act, in which it warned of possible illegal actions.

Proceedings before the Municipal Court in Prague

After exhausting all remedies at the public administration level, the former director of SÚKL filed an administrative lawsuit with the Municipal Court in Prague against the decision of the Supreme State Secretary of the Ministry of Health, who confirmed the termination of her employment.

In the complaint, she alleged, among other things, that the termination was a retaliatory measure under the Whistleblower Protection Act, as it occurred due to the threat of filing a report after the publication of the audit results. The Municipal Court agreed with her argument, stating that protection should also apply to cases where the report was filed after the end of the employment relationship, which could be considered a retaliatory measure under the Whistleblower Protection Act.

Proceedings before the Supreme Administrative Court

The Ministry of Health filed an appeal against this judgment of the Municipal Court. cassation appeal, which contradicted whether termination of employment before filing a report should be considered retaliation under the Whistleblower Protection Act.

The Supreme Administrative Court agreed with the content of the cassation complaints. In its decision, it emphasized that, considering the content of the provisions of the Whistleblower Protection Act, which also follows European legislation, it is not possible to conclude that termination of employment in this case could be considered a retaliatory measure. Retaliation under the Whistleblower Protection Act can only occur after a report has been filed, and the argument that termination of employment before filing a report could be a retaliatory measure is therefore incorrect.

záver

The Supreme Administrative Court has clearly defined the point at which whistleblower protection applies. The ruling reminds potential whistleblowers of the need to make their reports in a timely manner and in accordance with the law in order to benefit from legal protection against retaliation.

Source: Leagle.One

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