Civil Liability. 34:01 If any action or proceeding is brought against any employee covered by this Agreement for an alleged tort (law suit) committed by her in the performance of her duties, then: (a) The employee, upon being served with any legal process, or upon receipt of any action or proceeding as herein before referred to, being commenced against her shall advise the Employer through the Executive Director of any such notification or legal process; (b) The Employer shall pay any damages or costs awarded against any such employee in any such action or proceedings and all legal fees, and/or, the Employer shall pay any sum required to be paid by such employee in connection with the settlement of any claim made against such employee if such settlement is approved by the Employer; provided the conduct of the employee which gave rise to the action did not constitute deliberate misconduct or gross negligence of her duty as an employee. (c) Upon the employee notifying the Employer in accordance with paragraph (a) above, the Employer and the employee shall forthwith meet and appoint counsel that is mutually agreeable to both parties. Should the parties be unable to agree on counsel that is satisfactory to both, then the Employer shall unilaterally appoint counsel. The Employer accepts full responsibility for the conduct of the action and the employee agrees to co-operate fully with appointed counsel.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Civil Liability. 34:01 35.01 If any an action or proceeding is brought against any employee or former employee covered by this Agreement for an alleged tort (law suit) committed by him/her in the performance of his/her duties, then:
(a) The employee, upon being served with any legal process, or upon receipt of any action or proceeding as herein before referred tohereinbefore, being commenced against him/her shall advise the Employer through the Executive Director of any such notification or legal process;
(b) The Employer shall pay any damages or costs awarded against any such employee in any such action or proceedings and all legal fees, and/or, the ;
(c) The Employer shall pay any sum required to be paid by such employee in connection with the settlement of any claim made against such employee if such settlement is approved by the EmployerEmployer before the same is finalized; provided the conduct of the employee which gave rise to the action did not constitute deliberate misconduct a gross disregard or gross negligence neglect of his/her duty as an employee.;
(cd) Upon the employee notifying the Employer in accordance with paragraph (a) above, the Employer and the employee shall forthwith meet and appoint counsel that is mutually agreeable to both parties. Should the parties be unable to agree on counsel that is satisfactory to both, then the Employer shall unilaterally appoint counsel. The Employer accepts full responsibility for the conduct of the action and the employee agrees to co-operate fully with appointed counsel.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Civil Liability. 34:01
32:01 If any an action or proceeding is brought against any employee covered by this Agreement for an alleged tort (law suit) committed by her the employee in the performance of her the employee’s duties, then:
(a) The employee, upon being served with any legal process, or upon receipt of any action or proceeding as herein before hereinbefore referred to, to being commenced against her the employee shall advise the Employer Corporation through the Chief Executive Director Officer of any such notification or legal process;
(b) The Employer Corporation shall pay any damages or costs awarded against any such employee in any such action or proceedings and all legal fees, and/or, the Employer ;
(c) The Corporation shall pay any sum required to be paid by such employee in connection with the settlement of any claim made against such employee if such settlement is approved by the EmployerCorporation through the Chief Executive Officer or designate before the same is finalized; provided the conduct of the employee which gave rise to the action did not constitute deliberate misconduct or gross negligence of his or her duty as an employee.;
(cd) Upon the employee notifying the Employer Corporation in accordance with paragraph Article 32:01 (a) above, the Employer Corporation and the employee shall forthwith meet and appoint counsel that is mutually agreeable to both parties. Should the parties be unable to agree on counsel that is satisfactory to both, then the Employer Corporation shall unilaterally appoint counsel. The Employer Corporation accepts full responsibility for the conduct of the action and the employee agrees to co-operate cooperate fully with appointed counsel.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Civil Liability. 34:01 49:01 If any an action or proceeding is brought against any employee covered by this Agreement for an alleged tort (law suit) committed by her an employee in the performance of her their duties, then:
(a) The employee, upon being served with any legal process, process or upon receipt of any action or proceeding as herein before referred to, to being commenced against her them, shall advise the Employer Corporation through the Chief Executive Director Officer of any such notification or legal process;
(b) The Employer Corporation shall pay any damages or costs awarded against any such employee in any such action or proceedings and all legal fees, and/or, the Employer ;
(c) The Corporation shall pay any sum required to be paid by such employee in connection with the settlement of any claim made against such employee if such settlement is approved by the EmployerCorporation through the Chief Executive Officer or designate before the same is finalized; provided the conduct of the employee which gave rise to the action did not constitute deliberate misconduct or gross negligence of her their duty as an employee.;
(cd) Upon the employee notifying the Employer Corporation in accordance with paragraph Subsection :01 (a) above, the Employer Corporation and the employee shall forthwith meet and appoint counsel that is mutually agreeable to both parties. Should the parties be unable to agree on counsel that is satisfactory to both, then the Employer Corporation shall unilaterally appoint counsel. The Employer Corporation accepts full responsibility for the conduct of the action and the employee agrees to co-operate fully with appointed counsel.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Civil Liability. 34:01 51:01 If any an action or proceeding is brought against any employee covered by this Agreement for an alleged tort (law suit) committed by her the employee in the performance of his or her duties, then:
(a) The employee, upon being served with any legal process, or upon receipt of any action or proceeding as herein before hereinbefore referred to, being commenced against her the employee shall advise the Employer through the Executive Director College President of any such notification or legal process;
(b) The Employer shall pay any damages or costs awarded against any such employee in any such action or proceedings and all legal fees, ; and/or, the
(c) The Employer shall pay any sum required to be paid by such employee in connection with the settlement of any claim made against such employee if such settlement is approved by the EmployerCollege President before the same is finalized; provided the conduct of the employee which gave rise to the action did not constitute deliberate misconduct or gross negligence of her the employee’s duty as an employee.;
(cd) Upon the employee notifying the Employer in accordance with paragraph Section :01 (a) above), the Employer and the employee shall forthwith meet and appoint counsel that is mutually agreeable to both parties. Should the parties be unable to agree on counsel that is satisfactory to both, then the Employer shall unilaterally appoint counsel. The Employer accepts full responsibility for the conduct of the action and the employee agrees to co-operate fully with appointed counsel.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Civil Liability. 34:01 31:01 If any an action or proceeding is brought against any employee covered by this Agreement for an alleged tort (law suit) committed by her such employee in the performance of her their duties, then:
(a) The the employee, upon being served with any legal process, or upon receipt of any action or proceeding as herein before referred to, being commenced against her the employee shall advise the Employer through the Executive Director of any such notification or legal process;
(b) The the Employer shall pay any damages or costs awarded against any such employee in any such action or proceedings proceeding and all legal fees, ; and/or,
c) the Employer shall pay any sum required to be paid by such employee in connection with the settlement of any claim made against such employee if such settlement is approved by the Employer; Employer provided the conduct of the employee which gave rise to the action did not constitute deliberate misconduct or gross negligence of her the employee’s duty as an employee.;
(cd) Upon upon the employee notifying the Employer in accordance with paragraph (a) above, the Employer and the employee shall forthwith meet and appoint counsel that is mutually agreeable to both parties. Should the parties be unable to agree on counsel that is satisfactory to both, then the Employer shall unilaterally appoint counsel. The Employer accepts full responsibility for the conduct of the action and the employee agrees to co-operate fully with appointed counsel.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Civil Liability. 34:01 31.01 If any an action or proceeding is brought against any employee or former employee covered by this Agreement for an alleged tort (law suit) committed by her the employee in the performance of her their duties, then:
(a) The employee, upon being served with any legal process, or upon receipt of any action or proceeding as herein before referred tohereinbefore, being commenced against her them shall advise the Employer through the Executive Director of any such notification or legal process;
(b) The Employer shall pay any damages or costs awarded against any such employee in any such action or proceedings and all legal fees, and/or, the ;
(c) The Employer shall pay any sum required to be paid by such employee in connection with the settlement of any claim made against such employee if such settlement is approved by the EmployerEmployer before the same is finalized; provided the conduct of the employee which gave rise to the action did not constitute deliberate misconduct a gross disregard or gross negligence neglect of her their duty as an employee.;
(cd) Upon the employee notifying the Employer in accordance with paragraph (a) above, the Employer and the employee shall forthwith meet and appoint counsel that is mutually agreeable to both parties. Should the parties be unable to agree on counsel that is satisfactory to both, then the Employer shall unilaterally appoint counsel. The Employer accepts full responsibility for the conduct of the action and the employee agrees to co-operate cooperate fully with appointed counsel.
(e) The means the Employer shall use to protect employees from damages, settlements and costs, including legal costs, shall be according to the conditions of a general liability policy, which shall be maintained at all times for such protection.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Civil Liability. 34:01 46:01 If any an action or proceeding is brought against any employee covered by this Agreement for an alleged tort (law suit) committed by her the employee in the performance of his or her duties, then:
(a) The the employee, upon being served with any legal process, or upon receipt of any action or proceeding as herein before hereinbefore referred to, being commenced against her the employee, shall advise the Employer through the Chief Executive Director Officer of any such notification or legal process;
(b) The Employer the Authority shall pay any damages or costs awarded against any such employee in any such action or proceedings and all legal fees, ; and/or,
(c) the Employer Authority shall pay any sum required to be paid by such employee in connection with the settlement of any claim made against such employee if such settlement is approved by the EmployerChief Executive Officer before the same is finalized; provided the conduct of the employee which gave rise to the action did not constitute deliberate misconduct or gross negligence of her the employee’s duty as an employee.;
(cd) Upon upon the employee notifying the Employer Chief Executive Officer in accordance with paragraph (a) above, the Employer Authority and the employee shall forthwith meet and appoint counsel that is mutually agreeable to both parties. Should the parties be unable to agree on counsel that is satisfactory to both, then the Employer Authority shall unilaterally appoint counsel. The Employer Authority accepts full responsibility for the conduct of the action and the employee agrees to co-operate cooperate fully with the appointed counsel.
Appears in 2 contracts
Samples: Collective Agreement, Tentative Agreement
Civil Liability. 34:01
16:01 If any action or proceeding is brought against any employee covered by this Agreement for an alleged tort (law suit) committed by her them in the performance of her their duties, then:
(a) The employee, upon being served with any legal process, or upon receipt of any action or proceeding as herein before hereinbefore referred to, being commenced against her them shall advise the Employer through the Executive Director of any such notification or legal process;
(b) The Employer shall pay any damages or costs awarded against any such employee in any such action or proceedings and all legal fees, and/or, the ;
(c) The Employer shall pay any sum required to be paid by such employee in connection with the settlement of any claim made against such employee if such settlement is approved by the EmployerExecutive Director before the same is finalized; provided the conduct of the employee which gave rise to the action did not constitute deliberate misconduct or gross negligence of her their duty as an employee.
(cd) Upon the employee notifying the Employer Executive Director in accordance with paragraph (a) above, the Employer and the employee shall forthwith meet and appoint counsel that is mutually agreeable to both parties. Should the parties be unable to agree on counsel that is satisfactory to both, then the Employer shall unilaterally appoint counsel. The Employer accepts full responsibility for the conduct of the action and the employee agrees to co-operate cooperate fully with appointed counsel.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Civil Liability. 34:01 31:01 If any an action or proceeding is brought against any employee covered by this Agreement for an alleged tort (law suit) committed by her such employee in the performance of her their duties, then:
(a) The the employee, upon being served with any legal process, or upon receipt of any action or proceeding as herein before referred to, being commenced against her the employee shall advise the Employer through the Executive Director of any such notification or legal process;
(b) The the Employer shall pay any damages or costs awarded against any such employee in any such action or proceedings proceeding and all legal fees, ; and/or,
(c) the Employer shall pay any sum required to be paid by such employee in connection with the settlement of any claim made against such employee if such settlement is approved by the Employer; Employer provided the conduct of the employee which gave rise to the action did not constitute deliberate misconduct or gross negligence of her the employee’s duty as an employee.;
(cd) Upon upon the employee notifying the Employer in accordance with paragraph (a) aboveArticle 31:01(a), the Employer and the employee shall forthwith meet and appoint counsel that is mutually agreeable to both parties. Should the parties be unable to agree on counsel that is satisfactory to both, then the Employer shall unilaterally appoint counsel. The Employer accepts full responsibility for the conduct of the action and the employee agrees to co-operate fully with appointed counsel.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Civil Liability. 34:01
37:01 If any action or proceeding is brought against any employee covered by this Agreement for an alleged tort (law suit) committed by her in the performance of her duties, then:
(a) The employee, upon being served with any legal process, or upon receipt of any action or proceeding as herein before referred to, being commenced against her shall advise the Employer through the Executive Director of any such notification or legal process;
(b) The Employer shall pay any damages or costs awarded against any such employee in any such action or proceedings and all legal fees, and/or, the Employer shall pay any sum required to be paid by such employee in connection with the settlement of any claim made against such employee if such settlement is approved by the Employer; provided the conduct of the employee which gave rise to the action did not constitute deliberate misconduct or gross negligence of her duty as an employee.
(c) Upon the employee notifying the Employer in accordance with paragraph (a) aboveArticle 37:01(a), the Employer and the employee shall forthwith meet and appoint counsel that is mutually agreeable to both parties. Should the parties be unable to agree on counsel that is satisfactory to both, then the Employer shall unilaterally appoint counsel. The Employer accepts full responsibility for the conduct of the action and the employee agrees to co-operate cooperate fully with appointed counsel.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Civil Liability. 34:01 51:01 If any an action or proceeding is brought against any employee covered by this Agreement for an alleged tort (law suit) committed by her the employee in the performance of his or her duties, then:
(a) The employee, upon being served with any legal process, or upon receipt of any action or proceeding as herein before referred to, being commenced against her the employee shall advise the Employer through the Executive Director college president of any such notification or legal process;
(b) The Employer shall pay any damages or costs awarded against any such employee in any such action or proceedings and all legal fees, ; and/or, the
(c) The Employer shall pay any sum required to be paid by such employee in connection with the settlement of any claim made against such employee if such settlement is approved by the Employercollege president before the same is finalized; provided the conduct of the employee which gave rise to the action did not constitute deliberate misconduct or gross negligence of her the employee’s duty as an employee.;
(cd) Upon the employee notifying the Employer in accordance with paragraph (a) above, the Employer and the employee shall forthwith meet and appoint counsel that is mutually agreeable to both parties. Should the parties be unable to agree on counsel that is satisfactory to both, then the Employer shall unilaterally appoint counsel. The Employer accepts full responsibility for the conduct of the action and the employee agrees to co-operate fully with appointed counsel.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Civil Liability. 34:01 33:01 If any action or proceeding is brought against any employee covered by this Agreement for an alleged tort (law suit) committed by her in the performance of her duties, then:
(a) The employee, upon being served with any legal process, or upon receipt of any action or proceeding as herein before referred to, being commenced against her shall advise the Employer through the Executive Director of any such notification or legal process;.
(b) The Employer shall pay any damages or costs awarded against any such employee in any such action or proceedings and all legal fees, ; and/or,
(c) the Employer shall pay any sum required to be paid by such employee in connection with the settlement of any claim made against such employee if such settlement is approved by the EmployerEmployer through the Chief Executive Officer; provided the conduct of the employee which gave rise to the action did not constitute deliberate misconduct or gross negligence of her duty as an employee.
(cd) Upon the employee notifying the Employer in accordance with paragraph (a) above, the Employer and the employee shall forthwith meet and appoint counsel that is mutually agreeable to both parties. Should the parties be unable to agree on counsel that is satisfactory to both, then the Employer shall unilaterally appoint counsel. The Employer accepts full responsibility for the conduct of the action and the employee agrees to co-operate fully with appointed counsel.
Appears in 1 contract
Samples: Collective Agreement
Civil Liability. 34:01 50:01 If any an action or proceeding is brought against any employee covered by this Agreement for an alleged tort (law suit) committed by her the employee in the performance of her their duties, then:
(a) The employee, upon being served with any legal process, or upon receipt of any action or proceeding as herein before hereinbefore referred to, being commenced against her the employee shall advise the Employer through the Executive Director College President of any such notification or legal process;
(b) The Employer shall pay any damages or costs awarded against any such employee in any such action or proceedings and all legal fees, ; and/or, the
(c) The Employer shall pay any sum required to be paid by such employee in connection with the settlement of any claim made against such employee if such settlement is approved by the EmployerCollege President before the same is finalized; provided the conduct of the employee which gave rise to the action did not constitute deliberate misconduct or gross negligence of her the employee’s duty as an employee.;
(cd) Upon the employee notifying the Employer in accordance with paragraph Section :01 (a) above), the Employer and the employee shall forthwith meet and appoint counsel that is mutually agreeable to both parties. Should the parties be unable to agree on counsel that is satisfactory to both, then the Employer shall unilaterally appoint counsel. The Employer accepts full responsibility for the conduct of the action and the employee agrees to co-operate fully with appointed counsel.
Appears in 1 contract
Samples: Collective Agreement
Civil Liability. 34:01 47:01 If any an action or proceeding is brought against any employee covered by this Agreement for an alleged tort (law suit) committed by her the employee in the performance of his or her duties, then:
(a) The the employee, upon being served with any legal process, or upon receipt of any action or proceeding as herein before hereinbefore referred to, being commenced against her the employee, shall advise the Employer through the Chief Executive Director Officer of any such notification or legal process;
(b) The Employer the Authority shall pay any damages or costs awarded against any such employee in any such action or proceedings and all legal fees, ; and/or,
(c) the Employer Authority shall pay any sum required to be paid by such employee in connection with the settlement of any claim made against such employee if such settlement is approved by the EmployerChief Executive Officer before the same is finalized; provided the conduct of the employee which gave rise to the action did not constitute deliberate misconduct or gross negligence of her the employee’s duty as an employee.;
(cd) Upon upon the employee notifying the Employer Chief Executive Officer in accordance with paragraph (a) above, the Employer Authority and the employee shall forthwith meet and appoint counsel that is mutually agreeable to both parties. Should the parties be unable to agree on counsel that is satisfactory to both, then the Employer Authority shall unilaterally appoint counsel. The Employer Authority accepts full responsibility for the conduct of the action and the employee agrees to co-operate cooperate fully with the appointed counsel.
Appears in 1 contract
Samples: Collective Agreement
Civil Liability. 34:01 If any an action or proceeding is brought against any employee or former employee covered by this Agreement for an alleged tort (law suit) committed by her him in the performance of her his duties, then:
(a) The the employee, upon being served with any legal process, or upon receipt of any action or proceeding as herein before hereinbefore referred to, being commenced against her him shall advise the Employer through the Executive Director his immediate supervisor of any such notification or legal process;
(b) The ; the Employer shall shall: pay any damages or costs awarded against any such employee in any such action or proceedings proceedings, and all legal fees, and/or, the Employer shall ; and pay any sum required to be paid by such employee in connection with the settlement of any claim made against such employee if such settlement is approved by the EmployerEmployer before the same is finalized; provided that the conduct of the employee which gave rise to the action action, proceedings or settlement of claim did not constitute deliberate misconduct a gross disregard, or gross negligence neglect of her his duty as an employee.
(c) . Upon the employee notifying the Employer Employer,in accordance with paragraph (a) above, the Employer and the employee shall forthwith meet and appoint counsel that is mutually agreeable to both parties. , Should the parties be unable to agree on counsel that is satisfactory to both, then the Employer shall unilaterally appoint counsel. The Employer accepts full responsibility for the conduct of the action and the employee agrees to co-operate cooperate fully with appointed counsel. Charge Nurses shall have access to information listing the privileges of Doctors practising at the Hospital.
Appears in 1 contract
Samples: Collective Agreement
Civil Liability. 34:01
40:01 If any an action or proceeding is brought against any employee covered by this Agreement for an alleged tort (law suit) committed by her an employee in the performance of his or her duties, then:
(a) The employee, upon being served with any legal process, or upon receipt of any action or proceeding as herein before hereinbefore referred to, being commenced against her him shall advise the Employer through the Executive Director of any such notification or legal process;
(b) The Employer shall pay any damages or costs awarded against any such employee in any such action or proceedings proceeding and all legal fees, and/or, the ;
(c) The Employer shall pay any sum required to be paid by such employee in connection with the settlement of any claim made against such employee if such settlement is approved by the EmployerEmployer before the same is finalized; provided the conduct of the employee which gave rise to the action did not constitute deliberate misconduct or gross negligence of his or her duty as an employee.;
(cd) Upon the employee notifying the Employer in accordance with paragraph (a) above, the Employer and the employee shall forthwith meet and appoint counsel that and is mutually agreeable to both parties. Should the parties be unable to agree on counsel that is satisfactory to both, then the Employer shall unilaterally appoint counsel. The Employer accepts full responsibility for the conduct of the action and the employee agrees to co-operate cooperate fully with appointed counsel.
Appears in 1 contract
Samples: Collective Agreement
Civil Liability. 34:01 36:01 If any action or proceeding is brought against any employee covered by this Agreement for an alleged tort (law suitlawsuit) committed by him or her in the performance of his or her duties, then:
(a) The employee, upon being served with any legal process, or upon receipt of any action or proceeding as herein before hereinbefore referred to, being commenced against him or her shall advise the Employer through the Executive Director Program Manager/Supervisor of any such notification or legal process;
(b) The Employer shall pay any damages or costs awarded against any such employee in any such action or proceedings and all legal fees, and/or, the ;
(c) The Employer shall pay any sum required to be paid by such employee in connection with the settlement of any claim made against such employee if such settlement is approved by the EmployerEmployer through the Employer before the same is finalized; provided the conduct of the employee which gave rise to the action did not constitute deliberate misconduct or gross negligence of his or her duty as an employee.
(cd) Upon the employee notifying the Employer in accordance with paragraph (a) above, the Employer and the employee shall forthwith meet and appoint counsel that is mutually agreeable to both parties. Should the parties be unable to agree on counsel that is satisfactory to both, then the Employer shall unilaterally appoint counsel. The Employer accepts full responsibility for the conduct of the action and the employee agrees to co-operate cooperate fully with appointed counsel.
Appears in 1 contract
Samples: Collective Agreement
Civil Liability. 34:01 50:01 If any an action or proceeding is brought against any employee covered by this Agreement for an alleged tort (law suit) committed by her the employee in the performance of her their duties, then:
(a) The employee, upon being served with any legal process, or upon receipt of any action or proceeding as herein before referred to, being commenced against her the employee shall advise the Employer through the Executive Director college President of any such notification or legal process;
(b) The Employer shall pay any damages or costs awarded against any such employee in any such action or proceedings and all legal fees, ; and/or, the
(c) The Employer shall pay any sum required to be paid by such employee in connection with the settlement of any claim made against such employee if such settlement is approved by the Employercollege President before the same is finalized; provided the conduct of the employee which gave rise to the action did not constitute deliberate misconduct or gross negligence of her the employee’s duty as an employee.;
(cd) Upon the employee notifying the Employer in accordance with paragraph (a) above, the Employer and the employee shall forthwith meet and appoint counsel that is mutually agreeable to both parties. Should the parties be unable to agree on counsel that is satisfactory to both, then the Employer shall unilaterally appoint counsel. The Employer accepts full responsibility for the conduct of the action and the employee agrees to co-operate fully with appointed counsel.
Appears in 1 contract
Samples: Collective Agreement
Civil Liability. 34:01 36.01 If any an action or proceeding is brought against any employee or former employee covered by this Agreement for an alleged tort (law suit) committed by him/her in the performance of his/her duties, then:
(a) The employee, upon being served with any legal process, or upon receipt of any action or proceeding as herein before referred tohereinbefore, being commenced against him/her shall advise the Employer through the Executive Director of any such notification or legal process;
(b) The Employer shall pay any damages or costs awarded against any such employee in any such action or proceedings and all legal fees, and/or, the ;
(c) The Employer shall pay any sum required to be paid by such employee in connection with the settlement of any claim made against such employee if such settlement is approved by the EmployerEmployer before the same is finalized; provided the conduct of the employee which gave rise to the action did not constitute deliberate misconduct a gross disregard or gross negligence neglect of his/her duty as an employee.;
(cd) Upon the employee notifying the Employer in accordance with paragraph (a) above, the Employer and the employee shall forthwith meet and appoint to discuss appointment of counsel that is mutually agreeable to both parties. Should the parties be unable to agree on counsel that is satisfactory to both, then the Employer shall unilaterally appoint counsel. The Employer accepts full responsibility for the conduct of the action and the employee agrees to co-operate fully with appointed counsel.
Appears in 1 contract
Samples: Collective Agreement
Civil Liability. 34:01 36.01 If any an action or proceeding is brought against any employee or former employee covered by this Agreement Agreement, for an alleged tort (law suit) committed by her him in the performance of her his duties, then:
(a) The the employee, upon being served with any legal process, process or upon receipt of any action or proceeding pro- ceeding as herein before hereinbefore referred to, being commenced against her him, shall advise the Employer through the Executive Director Manager of any such notification or legal process;
(b) The the Employer shall pay any damages or costs awarded against any such employee in any such action or proceedings and all legal fees, ; and/or,
(c) the Employer shall pay any sum required to be paid by such employee in connection with the settlement of any claim made against such employee if such settlement is approved by the Employer; employee, including legal fees, provided the conduct of the employee em- ployee which gave rise to the action did not constitute deliberate misconduct a gross disregard or gross negligence neglect of her his duty as an employee.
(cd) Upon upon the employee notifying the Employer in accordance with paragraph (aparagraph(a) above, the Employer and the employee shall forthwith meet and appoint counsel that is mutually agreeable to both parties. Should the parties be unable to agree on counsel that is satisfactory to both, then the Employer shall unilaterally appoint counsel. The Employer accepts full responsibility for the conduct of the action and the employee agrees to co-operate cooperate fully with appointed counsel.
Appears in 1 contract
Samples: Collective Agreement
Civil Liability. 34:01
11:01 If any action or proceeding is brought against any employee covered by this Agreement for an alleged tort (law suit) committed by her the employee in the performance of her their duties, then:
(a) The employee, upon being served with any legal process, or upon receipt of any action or proceeding of proceedings as herein before referred to, being commenced against him or her shall advise the Employer through the Executive Director of any such notification or legal process;.
(b) The Employer shall pay any damages or costs awarded against any such employee in any such action or proceedings and all legal fees, and/or, the ;
(c) The Employer shall pay any sum required to be paid by such employee in connection with the settlement of any claim made against such employee if such settlement is approved by the Employer; provided the conduct of the employee which gave rise to the action did not constitute deliberate misconduct or gross negligence of her their duty as an employee.
(cd) Upon the employee notifying the Employer in accordance with paragraph (a) above, the Employer and the employee shall forthwith meet and appoint counsel that is mutually agreeable to both parties. Should the parties be unable to agree on counsel that is satisfactory to both, then the Employer shall unilaterally appoint counsel. The Employer accepts full responsibility for the conduct of the action and the employee agrees to co-operate fully with appointed counsel.
Appears in 1 contract
Samples: Collective Agreement
Civil Liability. 34:01 32:01 If any an action or proceeding is brought against any employee covered by this Agreement for an alleged tort (law suit) committed by her the employee in the performance of her the employee’s duties, then:
(a) The employee, upon being served with any legal process, or upon receipt of any action or proceeding as herein before hereinbefore referred to, to being commenced against her the employee shall advise the Employer Corporation through the Chief Executive Director Officer of any such notification or legal process;
(b) The Employer Corporation shall pay any damages or costs awarded against any such employee in any such action or proceedings and all legal fees, and/or, the Employer ;
(c) The Corporation shall pay any sum required to be paid by such employee in connection with the settlement of any claim made against such employee if such settlement is approved by the EmployerCorporation through the Chief Executive Officer or designate before the same is finalized; provided the conduct of the employee which gave rise to the action did not constitute deliberate misconduct or gross negligence of his or her duty as an employee.;
(cd) Upon the employee notifying the Employer Corporation in accordance with paragraph Subsection :01 (a) above, the Employer Corporation and the employee shall forthwith meet and appoint counsel that is mutually agreeable to both parties. Should the parties be unable to agree on counsel that is satisfactory to both, then the Employer Corporation shall unilaterally appoint counsel. The Employer Corporation accepts full responsibility for the conduct of the action and the employee agrees to co-operate cooperate fully with appointed counsel.
Appears in 1 contract
Samples: Collective Agreement
Civil Liability. 34:01 36:01 If any an action or proceeding is brought against any employee covered by this Agreement for an alleged tort (law suit) committed by her him in the performance of her his duties, then:
(a) The employee, upon being served with any legal process, or upon receipt of any action or proceeding as herein before hereinbefore referred to, being commenced against her him shall advise the Employer Corporation through the Chief Executive Director Officer of any such notification or legal process;
(b) The Employer Corporation shall pay any damages or costs awarded against any such employee in any such action or proceedings proceeding and all legal fees, and/or, the Employer ;
(c) The Corporation shall pay any sum required to be paid by such employee in connection with the settlement of any claim made against such employee if such settlement is approved by the EmployerCorporation before the same is finalized; provided the conduct of the employee which gave rise to the action did not constitute deliberate misconduct a gross disregard or gross negligence neglect of her his duty as an employee.
(cd) Upon the employee notifying the Employer corporation in accordance with paragraph (a) above, the Employer Corporation and the employee shall forthwith meet and appoint counsel that is mutually agreeable to both parties. Should the parties be unable to agree on counsel that is satisfactory to both, then the Employer Corporation shall unilaterally appoint counsel. The Employer Corporation accepts full responsibility for the conduct of the action and the employee agrees to co-operate fully with appointed counsel.
Appears in 1 contract
Samples: Collective Agreement
Civil Liability. 34:01 36:01 If any action or proceeding is brought against any employee covered by this Agreement for an alleged tort (law suitlawsuit) committed by her the employee in the performance of her their duties, then:
(a) The employee, upon being served with any legal process, or upon receipt of any action or proceeding as herein before referred to, being commenced against her them shall advise the Employer through the Executive Director of any such notification or legal process;
(b) The Employer shall pay any damages or costs awarded against any such employee in any such action or proceedings and all legal fees, and/or, the Employer shall pay any sum required to be paid by such employee in connection with the settlement of any claim made against such employee if such settlement is approved by the Employer; provided the conduct of the employee which gave rise to the action did not constitute deliberate misconduct or gross negligence of her their duty as an employee.
(c) Upon the employee notifying the Employer in accordance with paragraph (a) aboveArticle 37:01(a), the Employer and the employee shall forthwith meet and appoint counsel that is mutually agreeable to both parties. Should the parties be unable to agree on counsel that is satisfactory to both, then the Employer shall unilaterally appoint counsel. The Employer accepts full responsibility for the conduct of the action and the employee agrees to co-operate cooperate fully with appointed counsel.
Appears in 1 contract
Samples: Collective Agreement
Civil Liability. 34:01 51:01 If any an action or proceeding is brought against any employee covered by this Agreement for an alleged tort (law suit) committed by her the employee in the performance of his or her duties, then:
(a) The employee, upon being served with any legal process, or upon receipt of any action or proceeding as herein before referred to, being commenced against her the employee shall advise the Employer through the Executive Director University College President of any such notification or legal process;
(b) The Employer shall pay any damages or costs awarded against any such employee in any such action or proceedings and all legal fees, ; and/or, the
(c) The Employer shall pay any sum required to be paid by such employee in connection with the settlement of any claim made against such employee if such settlement is approved by the EmployerUniversity College President before the same is finalized; provided the conduct of the employee which gave rise to the action did not constitute deliberate misconduct or gross negligence of her the employee’s duty as an employee.;
(cd) Upon the employee notifying the Employer in accordance with paragraph Section :01 (a) above, the Employer and the employee shall forthwith meet and appoint counsel that is mutually agreeable to both parties. Should the parties be unable to agree on counsel that is satisfactory to both, then the Employer shall unilaterally appoint counsel. The Employer accepts full responsibility for the conduct of the action and the employee agrees to co-co operate fully with appointed counsel.
Appears in 1 contract
Samples: Collective Agreement
Civil Liability. 34:01 45.01 If any an action or proceeding is brought against any employee or former employee covered by this Agreement for an alleged tort (law suit) committed by her him in the performance of her his duties, then:
(a) The employee, upon being served with any legal process, or upon receipt of any action or proceeding as herein before hereinbefore referred to, being commenced against her him shall advise the his Employer through the Executive Director of any such notification or legal process;; and
(b) The Employer shall pay any damages or costs awarded against any such employee in any such action or proceedings and all legal fees, and/or, the ;
(c) The Employer shall pay any sum required to be paid by such employee in connection with the settlement of any claim made against such employee if such settlement is approved by the Employer; provided the conduct of the employee which gave rise to the action did not constitute deliberate misconduct a gross disregard or gross negligence neglect of her his duty as an employee.;
(cd) Upon the employee notifying the Employer in accordance with paragraph paragraph
(a) above, above the Employer and the employee shall forthwith meet and appoint counsel that is mutually agreeable to both parties. Should the parties be unable to agree on counsel that is satisfactory to both, then the Employer shall unilaterally appoint counsel. The Employer accepts full responsibility for the conduct of the action and the employee agrees to co-operate cooperate fully with appointed counsel.
Appears in 1 contract
Samples: Collective Agreement
Civil Liability. 34:01 37:01 If any action or proceeding is brought against any employee covered by this Agreement for an alleged tort (law suit) committed by her in the performance of her duties, then:
(a) The employee, upon being served with any legal process, or upon receipt of any action or proceeding as herein before referred to, being commenced against her shall advise the Employer through the Executive Director of any such notification or legal process;
(b) The Employer shall pay any damages or costs awarded against any such employee in any such action or proceedings and all legal fees, and/or, the Employer shall pay any sum required to be paid by such employee in connection with the settlement of any claim made against such employee if such settlement is approved by the Employer; provided the conduct of the employee which gave rise to the action did not constitute deliberate misconduct or gross negligence of her duty as an employee.
(c) Upon the employee notifying the Employer in accordance with paragraph (a) above, the Employer and the employee shall forthwith meet and appoint counsel that is mutually agreeable to both parties. Should the parties be unable to agree on counsel that is satisfactory to both, then the Employer shall unilaterally appoint counsel. The Employer accepts full responsibility for the conduct of the action and the employee agrees to co-co operate fully with appointed counsel.
Appears in 1 contract
Samples: Collective Agreement
Civil Liability. 34:01 42.01 If any an action or proceeding is brought against any employee or former employee covered by this Agreement for an alleged tort (law suit) committed by her him in the performance of her his duties, then:
(a) The the employee, upon being served with any legal process, or upon receipt of any action or proceeding as herein before hereinbefore referred to, being commenced against her him shall advise the Employer through the Executive Director Housing Manager of any such notification or legal process;; and
(b) The the Employer shall pay any damages or costs awarded against any such employee in any such action or proceedings and all legal fees, and/or, ;
(c) the Employer shall pay any sum required to be paid by such employee in connection with the settlement of any claim made against such employee if such settlement is approved by the Employer; provided the conduct of the employee which gave rise to the action did not constitute deliberate misconduct a gross disregard or gross negligence neglect of her his duty as an employee.; and
(cd) Upon upon the employee notifying the Employer in accordance with paragraph (a) above, the Employer and the employee shall forthwith meet and appoint counsel that is mutually agreeable to both parties. Should the parties be unable to agree on counsel that is satisfactory to both, then the Employer shall unilaterally appoint counsel. The Employer accepts full responsibility for the conduct of the action and the employee agrees to co-operate cooperate fully with appointed counsel.
Appears in 1 contract
Samples: Collective Agreement
Civil Liability. 34:01
50:01 If any an action or proceeding is brought against any employee covered by this Agreement for an alleged tort (law suit) committed by her the employee in the performance of her their duties, then:
(a) The employee, upon being served with any legal process, or upon receipt of any action or proceeding as herein before hereinbefore referred to, being commenced against her the employee shall advise the Employer through the Executive Director College President of any such notification or legal process;
(b) The Employer shall pay any damages or costs awarded against any such employee in any such action or proceedings and all legal fees, ; and/or, the
(c) The Employer shall pay any sum required to be paid by such employee in connection with the settlement of any claim made against such employee if such settlement is approved by the EmployerCollege President before the same is finalized; provided the conduct of the employee which gave rise to the action did not constitute deliberate misconduct or gross negligence of her the employee’s duty as an employee.;
(cd) Upon the employee notifying the Employer in accordance with paragraph Section :01 (a) above), the Employer and the employee shall forthwith meet and appoint counsel that is mutually agreeable to both parties. Should the parties be unable to agree on counsel that is satisfactory to both, then the Employer shall unilaterally appoint counsel. The Employer accepts full responsibility for the conduct of the action and the employee agrees to co-operate fully with appointed counsel.
Appears in 1 contract
Samples: Collective Agreement
Civil Liability. 34:01 37:01 If any an action or proceeding is brought against any employee covered by this Agreement for an alleged tort (law suit) committed by her an employee in the performance of his or her duties, then:
(a) The the employee, upon being served with any legal process, or upon receipt of any action or proceeding as herein before referred to, being commenced against her him shall advise the Employer through the Executive Director of any such notification or legal process;
(b) The the Employer shall pay any damages or costs awarded against any such employee in any such action or proceedings and all legal fees, and/or, ;
(c) the Employer shall pay any sum required to be paid by such employee in connection with the settlement of any claim made against such employee if such settlement is approved by the EmployerEmployer before the same is finalized; provided the conduct of the employee which gave rise to the action did not constitute deliberate misconduct or gross negligence of his or her duty as an employee.;
(cd) Upon upon the employee notifying the Employer in accordance with paragraph (a) above, the Employer and the employee shall forthwith meet and appoint counsel that is mutually agreeable to both parties. Should the parties be unable to agree on counsel that is satisfactory to both, then the Employer shall unilaterally appoint counsel. The Employer accepts full responsibility for the conduct of the action and the employee agrees to co-operate cooperate fully with appointed counsel.
Appears in 1 contract
Samples: Collective Agreement
Civil Liability. 34:01 If any action or proceeding is brought against any employee covered by this Agreement for an alleged tort (law suit) committed by her in the performance of her duties, then:
(a) The employee, upon being served with any legal process, or upon receipt of any action or proceeding as herein before referred to, being commenced against her shall advise the Employer through the Executive Director of any such notification or legal process;
(b) The Employer shall pay any damages or costs awarded against any such employee in any such action or proceedings and all legal fees, and/or, the Employer shall pay any sum required to be paid by such employee in connection with the settlement of any claim made against such employee if such settlement is approved by the Employer; provided the conduct of the employee which gave rise to the action did not constitute deliberate misconduct or gross negligence of her duty as an employee.
(c) Upon the employee notifying the Employer in accordance with paragraph (a) above, the Employer and the employee shall forthwith meet and appoint counsel that is mutually agreeable to both parties. Should the parties be unable to agree on counsel that is satisfactory to both, then the Employer shall unilaterally appoint counsel. The Employer accepts full responsibility for the conduct of the action and the employee agrees to co-co operate fully with appointed counsel.
Appears in 1 contract
Samples: Collective Agreement
Civil Liability. 34:01 37:01 If any action or proceeding is brought against any employee covered by this Agreement for an alleged tort (law suit) committed by her in the performance of her duties, then:
(a) The employee, upon being served with any legal process, or upon receipt of any action or proceeding as herein before referred to, being commenced against her shall advise the Employer through the Executive Director of any such notification or legal process;
(b) The Employer shall pay any damages or costs awarded against any such employee in any such action or proceedings and all legal fees, and/or, the Employer shall pay any sum required to be paid by such employee in connection with the settlement of any claim made against such employee if such settlement is approved by the Employer; provided the conduct of the employee which gave rise to the action did not constitute deliberate misconduct or gross negligence of her duty as an employee.
(c) Upon the employee notifying the Employer in accordance with paragraph (a) aboveArticle 37:01(a), the Employer and the employee shall forthwith meet and appoint counsel that is mutually agreeable to both parties. Should the parties be unable to agree on counsel that is satisfactory to both, then the Employer shall unilaterally appoint counsel. The Employer accepts full responsibility for the conduct of the action and the employee agrees to co-operate cooperate fully with appointed counsel.
Appears in 1 contract
Samples: Collective Agreement
Civil Liability. 34:01 16:01 If any action or proceeding is brought against any employee covered by this Agreement for an alleged tort (law suit) committed by her him in the performance of her his duties, then:
(a) The employee, upon being served with any legal process, or upon receipt of any action or proceeding as herein before hereinbefore referred to, being commenced against her him shall advise the Employer through the Executive Director of any such notification or legal process;
(b) The Employer shall pay any damages or costs awarded against any such employee in any such action or proceedings and all legal fees, and/or, the ;
(c) The Employer shall pay any sum required to be paid by such employee in connection with the settlement of any claim made against such employee if such settlement is approved by the EmployerDirector before the same is finalized; provided the conduct of the employee which gave rise to the action did not constitute deliberate misconduct or gross negligence of her his duty as an employee.
(cd) Upon the employee notifying the Employer Director in accordance with paragraph (a) above, the Employer and the employee shall forthwith meet and appoint counsel that is mutually agreeable to both parties. Should the parties be unable to agree on counsel that is satisfactory to both, then the Employer shall unilaterally appoint counsel. The Employer accepts full responsibility for the conduct of the action and the employee agrees to co-operate cooperate fully with appointed counsel.
Appears in 1 contract
Samples: Collective Agreement
Civil Liability. 34:01 53.01 If any an action or proceeding is brought against any employee or former employee covered by this Agreement for an alleged tort (law suit) committed by her him in the performance of her his duties, then:
(a) The the employee, upon being served with any legal process, or upon receipt of any action or proceeding as herein before referred to, being commenced against her him, shall advise the Employer through the Executive Director of any such notification or legal process;
(b) The the Employer shall pay any damages or costs awarded against any such employee in any such action or proceedings and all legal fees, and/or, and/or the Employer shall pay or ensure it is paid by another agency any sum required to be paid by such employee in connection with the settlement of any claim made against such employee if such settlement is approved by the Employer; employee, provided the conduct of the employee which gave rise to the action did not constitute deliberate misconduct a gross disregard or gross negligence neglect of her his duty as an employee.
(c) The employee shall not enter into any settlement agreement without the express written authority of the Employer and if he does enter into such settlement agreement without proper authorization he agrees to waive any rights provided to him under this Article.
53.02 Upon the employee notifying the Employer in accordance with paragraph (a) above, the Employer and the employee shall forthwith meet and appoint counsel that is mutually agreeable to both parties. Should the parties be unable to agree on counsel that is satisfactory to both, then the Employer shall unilaterally appoint counsel. The Employer accepts full responsibility for the conduct of the action and the employee agrees to co-operate cooperate fully with appointed counsel.
Appears in 1 contract
Samples: Collective Agreement
Civil Liability. 34:01
49:01 If any an action or proceeding is brought against any employee covered by this Agreement for an alleged tort (law suit) committed by her an employee in the performance of her their duties, then:
(a) The employee, upon being served with any legal process, process or upon receipt of any action or proceeding as herein before referred to, to being commenced against her them, shall advise the Employer Corporation through the Chief Executive Director Officer of any such notification or legal process;
(b) The Employer Corporation shall pay any damages or costs awarded against any such employee in any such action or proceedings and all legal fees, and/or, the Employer ;
(c) The Corporation shall pay any sum required to be paid by such employee in connection with the settlement of any claim made against such employee if such settlement is approved by the EmployerCorporation through the Chief Executive Officer or designate before the same is finalized; provided the conduct of the employee which gave rise to the action did not constitute deliberate misconduct or gross negligence of her their duty as an employee.;
(cd) Upon the employee notifying the Employer Corporation in accordance with paragraph (a) aboveArticle 50:01(a), the Employer Corporation and the employee shall forthwith meet and appoint counsel that is mutually agreeable to both parties. Should the parties be unable to agree on counsel that is satisfactory to both, then the Employer Corporation shall unilaterally appoint counsel. The Employer Corporation accepts full responsibility for the conduct of the action and the employee agrees to co-operate fully with appointed counsel.
Appears in 1 contract
Samples: Collective Agreement
Civil Liability. 34:01
50:01 If any an action or proceeding is brought against any employee covered by this Agreement for an alleged tort (law suit) committed by her the employee in the performance of his or her duties, then:
(a) The employee, upon being served with any legal process, or upon receipt of any action or proceeding as herein before hereinbefore referred to, being commenced against her the employee shall advise the Employer through the Executive Director College President of any such notification or legal process;
(b) The Employer shall pay any damages or costs awarded against any such employee in any such action or proceedings and all legal fees, ; and/or, the
(c) The Employer shall pay any sum required to be paid by such employee in connection with the settlement of any claim made against such employee if such settlement is approved by the EmployerCollege President before the same is finalized; provided the conduct of the employee which gave rise to the action did not constitute deliberate misconduct or gross negligence of her the employee’s duty as an employee.;
(cd) Upon the employee notifying the Employer in accordance with paragraph Section :01 (a) above), the Employer and the employee shall forthwith meet and appoint counsel that is mutually agreeable to both parties. Should the parties be unable to agree on counsel that is satisfactory to both, then the Employer shall unilaterally appoint counsel. The Employer accepts full responsibility for the conduct of the action and the employee agrees to co-operate fully with appointed counsel.
Appears in 1 contract
Samples: Collective Agreement
Civil Liability. 34:01 11:01 If any action or proceeding is brought against any employee covered by this Agreement for an alleged tort (law suit) committed by him or her in the performance of his/her duties, then:
(a) The employee, upon being served with any legal process, or upon receipt of any action or proceeding of proceedings as herein before referred to, being commenced against him or her shall advise the Employer through the Executive Director of any such notification or legal process;.
(b) The Employer shall pay any damages or costs awarded against any such employee in any such action or proceedings and all legal fees, and/or, the ;
(c) The Employer shall pay any sum required to be paid by such employee in connection with the settlement of any claim made against such employee if such settlement is approved by the Employer; provided the conduct of the employee which gave rise to the action did not constitute deliberate misconduct or gross negligence of his/her duty as an employee.
(cd) Upon the employee notifying the Employer in accordance with paragraph (a) above, the Employer and the employee shall forthwith meet and appoint counsel that is mutually agreeable to both parties. Should the parties be unable to agree on counsel that is satisfactory to both, then the Employer shall unilaterally appoint counsel. The Employer accepts full responsibility for the conduct of the action and the employee agrees to co-operate fully with appointed counsel.
Appears in 1 contract
Samples: Collective Agreement
Civil Liability. 34:01
61:01 If any an action or proceeding is brought against any employee covered by this Agreement for an alleged tort (law suit) committed by her the employee in the performance of her the employee’s duties, except in cases of gross negligence, then:
(a) The employee, upon being served with any legal process, or upon receipt of any action or proceeding as herein before hereinbefore referred to, being commenced against her the employee shall advise the Employer through the Executive Director employer of any such notification or legal process;.
(b) The Employer ANCR shall pay any damages or costs awarded against any such employee in any such action or proceedings and all legal fees, ; and/or, the Employer
(c) ANCR shall pay any sum required to be paid by such employee in connection with the settlement of any claim made against such employee if such settlement is approved by ANCR before the Employersame is finalized; provided the conduct of the employee which gave rise to the action did not constitute deliberate misconduct or gross negligence of her the employee’s duty as an employee.
(cd) Upon the employee notifying the Employer ANCR in accordance with paragraph Subsection :01
(a) above, the Employer and the employee shall forthwith meet and appoint counsel that is mutually agreeable to both parties. Should the parties be unable to agree on counsel that is satisfactory to both, then the Employer ANCR shall unilaterally appoint counsel. The Employer XXXX accepts full responsibility for the conduct of the action and the employee agrees to co-operate fully with appointed counsel.
Appears in 1 contract
Samples: Collective Agreement
Civil Liability. 34:01
50:01 If any an action or proceeding is brought against any employee covered by this Agreement for an alleged tort (law suit) committed by her the employee in the performance of her their duties, then:
(a) The employee, upon being served with any legal process, or upon receipt of any action or proceeding as herein before referred to, being commenced against her the employee shall advise the Employer through the Executive Director college President of any such notification or legal process;
(b) The Employer shall pay any damages or costs awarded against any such employee in any such action or proceedings and all legal fees, ; and/or, the
(c) The Employer shall pay any sum required to be paid by such employee in connection with the settlement of any claim made against such employee if such settlement is approved by the Employercollege President before the same is finalized; provided the conduct of the employee which gave rise to the action did not constitute deliberate misconduct or gross negligence of her the employee’s duty as an employee.;
(cd) Upon the employee notifying the Employer in accordance with paragraph (a) above, the Employer and the employee shall forthwith meet and appoint counsel that is mutually agreeable to both parties. Should the parties be unable to agree on counsel that is satisfactory to both, then the Employer shall unilaterally appoint counsel. The Employer accepts full responsibility for the conduct of the action and the employee agrees to co-operate fully with appointed counsel.
Appears in 1 contract
Samples: Collective Agreement
Civil Liability. 34:01 If any an action or proceeding is brought against any employee or former employee covered by this Agreement for an alleged tort (law suit) committed by her him in the performance of her his duties, then:
(a) The the employee, upon being served with any legal process, or upon receipt of any action or proceeding as herein before hereinbefore referred to, being commenced against her him shall advise advisehis immediatesupervisorof any such notificationor legal process; the Employer through the Executive Director of any such notification or legal process;
(b) The Employer shall shall: pay any damages or costs awarded against any such employee in any such action or proceedings proceedings, and all legal fees, and/or, the Employer shall ; and pay any sum required to be paid by such employee in connection with the settlement of any claim made against such employee if such settlement is approved by the EmployerEmployer before the same is finalized; provided that the conduct of the employee which gave rise to the action action, proceedings or settlement of claim did not constitute deliberate misconduct a gross disregard, or gross negligence neglect of her his duty as an employee.
(c) . Upon the employee notifying the Employer in accordance with paragraph (a) above, the Employer and the employee shall forthwith meet and appoint counsel that is mutually agreeable to both parties. Should the parties be unable to agree on counsel that is satisfactory to satisfactoryto both, then the Employer shall unilaterally appoint counsel. The Employer accepts full responsibility for the conduct of the action and the employee agrees to co-operate fully cooperate with appointed counsel.. Charge Nurses shall have access to information listing the privileges of Doctors the Hospital.
Appears in 1 contract
Samples: Collective Agreement