The news: Multinational consulting firm KPMG’s chair Michael Ebeid issued a letter to the whistleblower that flagged the company’s inappropriate handling of client information confirming they would not contest his legal status as a “whistleblower” if he brought legal proceedings against the firm.
The context: In the letter, submitted to the Parliamentary Joint Committee on Corporations and Financial Services on Thursday evening, KPMG acknowledges that the former employee “made a protected disclosure” under the Corporations Act on 30 May 2024.
However, the letter argued that the original disclosure was not made to an ‘eligible recipient’ given they were not an officer or senior manager of KPMG Australia Services “and were not authorised by KPMG Australia Services to receive disclosures protected under the whistleblower laws”.
Notwithstanding KPMG’s legal understanding, the letter said: “I have reviewed the previous advice, and I would like to confirm to you that if you were to bring a proceeding against KPMG, we would not contest your status as a whistleblower under the Corporations Act”.
KPMG had only recently begun characterising the person as a whistleblower, with earlier description labelling him “a former employee [who] has made multiple allegations in relation to inappropriate conduct”.
KPMG also confirmed that the disclosure was treated under its internal whistleblower policy at the time and it was handled as a whistleblower matter.
What they said: “We accept that...
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