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—

(a) made a protected disclosure, unless he or she—

(i) in making the protected disclosure did so knowing it to be false or misleading, or

(ii) in connection with the disclosure, furnished information that he or she knew to be false or misleading,

(b) gave evidence in any proceedings under financial services legislation, or

(c) gave notice of his or her intention to do any of the things referred to in paragraph (a) or (b),

the second-mentioned person has a right of action in tort against the person who causes the detriment.

(2) In this section, “detriment” includes—

(a) intimidation or harassment,

(b) discrimination, disadvantage or adverse treatment in relation to a person’s employment,

(c) injury, damage or loss, or

(d) a threat of reprisal.

(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.