Michael Polak Successfully Defends Strike Out Application in Case of Rogerson v Erhard-Jensen Ontological/Phenomenological Initiative Limited.

Michael Polak
By: Michael Polak November 7, 2023

On 26 October 2023, Michael Polak successfully defended a strike-out application which was made by the Respondent, the Erhard-Jensen Ontological/Phenomenological Initiative Limited in a whistleblowing claim brought by Mr Daniel Rogerson who was working as an aide to Werner Erhard.

The Employment Tribunal were provided with extensive written submissions in relation to whether the bringing of the arbitration in Singapore by the Initiative against Mr Rogerson could amount to a whistleblowing detriment under 47 B of the Employment Rights Act 1996 or whether it was barred by judicial proceedings immunity. The Employment Tribunal Judge set out in his judgment that the Singapore arbitration was brought for alleged breaches of confidence by Mr Rogerson, when he blew the whistle about Mr Erhard’s alleged physical and psychological abusive behaviour to his staff who worked around him at Parliament View in London. Some of the abusive behaviour was captured on Apple watch recordings.

The learned Judge, after hearing a full day of legal submissions on this somewhat rare area of law, agreed with the Claimant’s submissions and held that the detriment in question, the bringing of the arbitration, was not barred by judicial proceeding immunity and therefore the claim would not be struck-out and will continue to a full 10-day hearing set for 18 November 2024.

The Judge’s full ruling will be published by the Employment Tribunal.

Michael acts pro-bono for Mr Rogerson in this important whistleblowing case.

Michael Polak is available for instruction in international human rights, arbitration, and public international law matters by contacting his clerks, by email clerks@timm283.sg-host.com or by phone 020 7936 3637.

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