105Vicarious liability for retaliation

105 Vicarious liability for retaliation (1) If an employee of a public body engages in retaliation in the course of employment, both the employee and the public body are jointly and severally liable for the retaliation and proceedings may be taken under section 102 against either or both. (2) Subsection (1) does not apply if the public body proves that it took all reasonable steps to prevent the employee from doing the act referred to in that subsection. (3) For the purposes of subsection (2) and without limiting the matters that may be taken into account in determining whether the public body has taken all reasonable steps, the following matters are to be considered: (a) the provision by the public body of training aimed at preventing or decreasing retaliation; (b) the development and implementation by the public body of policies aimed at preventing or decreasing retaliation; (c) the financial circumstances of the public body; (d) the number of employees of the public body. (4) If a court or the Tribunal finds that a public body is liable under subsection (1) for retaliation, the court or Tribunal must, before making an order for compensation: (a) consider the extent of steps taken by the public body to prevent the retaliation; and (b) take those steps into account in determining the proportion of the amount to be paid as compensation by the public body.