Section 23Part 4 — PROTECTION AGAINST DETRIMENTAL ACTION
Vicarious liability of employer
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If a person in the course of employment with, or while acting as an employee or agent of an employer takes detrimental action against another employee of the employer in reprisal for a protected disclosure —
the employer and the first-mentioned employee or agent are jointly and severally civilly and criminally liable for the detrimental action; and
a proceeding under section 24 may be taken against either or both.
It is a defence to proceedings against the employer under subsection (1)(a) if that employer proves, on the balance of probabilities, that he took reasonable precautions to prevent the employee or agent from taking detrimental action against another employee in reprisal for the protected disclosure.
An employee or agent of an employer is not liable by reason of subsection (1)(a) for taking detrimental action against the other employee if —
the first-mentioned employee or agent takes that action in reliance on a statement by the employer that doing it does not contravene this Law; and
it is reasonable for the first-mentioned employee or agent to rely on the statement,
but this does not prevent the employer from being liable by reason of subsection (1)(a).
Cross References
- Section 24 of Whistleblower Protection Act
injunction or order