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Tortious liability of person for victimisation.
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42.— (1) If a person causes detriment to another person (in this section referred to as the “second-mentioned person”) because the second-mentioned person or a third person—
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(a) made a protected disclosure, unless he or she—
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(i) in making the protected disclosure did so knowing it to be false or misleading, or
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(ii) in connection with the disclosure, furnished information that he or she knew to be false or misleading,
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(b) gave evidence in any proceedings under financial services legislation, or
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(c) gave notice of his or her intention to do any of the things referred to in paragraph (a) or (b),
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the second-mentioned person has a right of action in tort against the person who causes the detriment.
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(2) In this section, “detriment” includes—
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(a) intimidation or harassment,
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(b) discrimination, disadvantage or adverse treatment in relation to a person’s employment,
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(c) injury, damage or loss, or
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(d) a threat of reprisal.
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(3) An employee may not pursue a right of action under this section and under any provision of any other enactment in respect of the same matter.
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