s.22Damages for detrimental action
22
Section 22Part 4 — PROTECTION AGAINST DETRIMENTAL ACTION

Damages for detrimental action

←→ Navigate  ·  Click subsection badges to collapse  ·  Press ? for help

A person who takes detrimental action against an employee in reprisal for the employee making a protected disclosure is liable in damages for any injury, loss or damage to that other person.
The damages may be recovered in proceedings as for a tort in a court of competent jurisdiction.
Any remedy that may be granted by a court with respect to a tort, including exemplary damages, may be granted by a court in proceedings under this section.
The right of an employee to bring proceedings for damages does not affect any other right or remedy available to the employee arising from the detrimental action.
Proceedings for damages under this section may be brought whether or not a prosecution in relation to the detrimental action has been brought under section 19.
When granting a remedy under this section the court shall take into account any order made under section 21 or 24 in relation to the same conduct.

Cross References

Referenced By