Lukasz Krupski wins retaliation case against Tesla
Tesla whistleblower Lukasz Krupski
A Norwegian court has ruled that electric vehicle manufacturer Tesla unlawfully retaliated against Lukasz Krupski, who revealed critical safety issues at the company. Krupski, winner of the Blueprint Europe Whistleblowing Prize for 2023, brought thousands of safety complaints from Tesla customers to German business paper Handelsblatt and US regulators, after trying to raise the alarm about company procedures internally.
One particularly serious category of customer complaint highlighted by Krupski concerns Tesla vehicles unexpectedly accelerating or braking when their autopilot function is switched on. This behaviour can make it extremely difficult for a driver to retain control of their vehicle, with clearly dangerous results. Numerous collisions and other accidents are reported in the Tesla customer files.
Speaking out at Tesla made Lukasz Krupski a target within the company, where he experienced demotion, social ostracism and even threats of violence. When Handelsblatt started to publish the results of its year-long investigation in May 2023, Tesla took legal action against Krupski, who had by then left the company. As a result of Tesla's litigation, Krupski's home in Norway was raided by police, his electronic devices seized and he was prevented by law from sharing information from Tesla with any other party.
In July this year, a preliminary ruling from Drammen District Court affirmed that Lukasz Krupski had acted as a whistleblower and ordered that the temporary injunction that prevented him from sharing information should be lifted, allowing Lukasz to speak freely with the media. Today's ruling goes further, confirming that Tesla acted unlawfully towards Krupski, in contravention of his rights as a whistleblower, and that he should be compensated for his experience.
“A victory for transparency and justice”
Following today's ruling, Krupski will be paid 150,000 Norwegian Kroner (about 10,000 pounds sterling) in damages. This falls some way short of the compensation Krupski's legal team was requesting to make good his loss of earnings and pension.
In addition, Tesla has been ordered to pay nearly 2 million Kroner (about 140,000 pounds sterling) to cover Krupski’s legal costs.
Speaking after the ruling, Lukasz said:
"The court's recent decision is an important step forward in holding organizations accountable for their actions. While the outcome wasn’t everything I had hoped for, it remains a victory for transparency and justice, reinforcing the crucial role whistleblowers play in creating safer and more ethical workplaces.
"I remain committed to continuing my advocacy for ethical practices, and I hope that this case serves as a reminder of the important role whistleblowers play in promoting justice and integrity within organizations.
"I’m grateful for the continued support from Blueprint for Free Speech and will keep advocating for the rights of whistleblowers and the protection of those who speak out against wrongdoing."
Tesla autopilot safety in the spotlight
The ruling comes as the safety issues Lukasz Krupski highlighted are subject to renewed focus in Norway and beyond. Earlier this week, Norway's domestic television channel TV2 interviewed Krupski about the suspicious crash of a Tesla taxi in Bergen.
On 5 December, TV2 reported on the 18 month investigation into an incident where a taxi had gone out of control in May 2023. Dashcam footage shows the vehicle colliding with an outdoor seating area before being steered away from people and finally colliding with a street kiosk. Luckily, no-one was injured in the accident.
The driver, who is not named in the TV2 report, claims that his car accelerated suddenly and unexpectedly without his input and that the car's brakes did not work. Hordaland District Court, which is playing a role in the investigation of the incident, found that technical information the court had acquired from Tesla itself did not support the theory that the car was at fault.
Commenting on the case, Krupski said that the investigators could have been more thorough in their questions to Tesla and sceptical of the response they received:
"I wish they could have done more. They could have asked Tesla more questions. For example, about the engine converter, the brake amplifier and the high-voltage fuse. They could have extracted data from the car's computer.
"I also believe that there are quite a few assumptions and speculations, and there are occasional references to the car's manual and perhaps too much confidence in Tesla."
The Bergen incident is not the only example of a Tesla seemingly going out of control in Norway. Just a couple of months ago, Norwegian media reported on a similar incident in Oslo, where a taxi crashed into an outdoor seating area. The driver escaped the incident with minor injuries.
US regulators continue to look into the safety of Tesla vehicles. In October, the National Highway Traffic Safety Administration (NHTSA) opened a full investigation into Tesla's self-driving technology following four crashes in the US where autopilot functionality was involved.
The action follows the recall of 2 million Tesla vehicles in late 2023. The US Department of Justice is currently also investigating the company. What impact the prominence of Tesla CEO Elon Musk in the incoming US administration will have on these investigations has yet to be seen.
Lukasz Krupski is crowdfunding to help cover his living expenses for the period of his legal action against Tesla. The campaign, which he is running himself, can be found here.