48Vicarious liability of public body

48 Vicarious liability of public body

S. 48(1) amended by No. 2/2019 s. 27.

(1) If a person in the course of employment with, or while acting as an agent of, a public body takes detrimental action against another person in reprisal for a public interest disclosure—

(a) the public body and the employee or agent (as the case may be) are jointly and severally civilly liable for the detrimental action; and

(b) a proceeding under section 47 may be taken against either or both.

S. 48(2) amended by No. 2/2019 s. 27.

(2) It is a defence to a proceeding against a public body under section 47 if the public body proves, on the balance of probabilities, that it took reasonable precautions to prevent the employee or agent from taking detrimental action against the other person in reprisal for the public interest disclosure.