Common use of Civil Liability Clause in Contracts

Civil Liability. 49:01 If an action or proceeding is brought against any employee covered by this Agreement for an alleged tort committed by the employee in the performance of the employee’s duties, then: (a) the employee, upon being served with any legal process, or upon receipt of any action or proceeding as hereinbefore referred to, being commenced against the employee shall advise the Employer through the Human Resources Manager 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 Employer through the Human Resources Manager before the same is finalized; provided the conduct of the employee which gave rise to the action did not constitute gross negligence of the employee’s duty as an employee; (d) upon the employee notifying the Employer in accordance with Article 49:01(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.

Civil Liability. 49:01 38:01 If an any action or proceeding is brought against any employee covered by this Agreement for an alleged tort (law suit) committed by the employee him or her in the performance of the employee’s 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 hereinbefore herein before referred to, being commenced against the employee him or her shall advise the Employer through the Human Resources Manager Program Manager/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 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 through the Human Resources Manager Chief Administrative Officer before the same is finalized; provided the conduct of the employee which gave rise to the action did not constitute gross negligence of the employee’s his or her duty as an employee;. (d) upon Upon the employee notifying the Employer in accordance with Article 49:01(a)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.

Civil Liability. 49:01 46.01 If an action or proceeding is brought against any employee or former employee covered by this Agreement for an alleged tort committed by the employee him in the performance of the employee’s his duties, then: (a) the The employee, upon being served with any legal process, process or upon receipt of any action or proceeding as hereinbefore referred to, being commenced against the employee him shall advise the Employer through the Human Resources Secretary/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 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 through the Human Resources Secretary/Manager before the same is finalized; provided the conduct of the employee which gave rise to the action did not constitute a gross negligence disregard or neglect of the employee’s his duty as an employee; (d) upon Upon the employee notifying the Employer in accordance with Article 49:01(a)paragraph (a) above, the Employer and the employee 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 agreeable 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.

Civil Liability. 49:01 16.01 If an any action or proceeding is brought against any employee covered by this Agreement for an alleged tort committed by the employee him or her in the performance of the employee’s his or her duties, then: (a) the The employee, upon being served with any legal process, or upon receipt of any action or proceeding of proceedings as hereinbefore referred to, being commenced against the employee him or her shall advise the Employer through the Vice-President, Human Resources Manager Resources, or designate 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 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 through the Human Resources Manager before the same is finalizedEmployer; provided the conduct of the employee which gave rise to the action did not constitute gross negligence of the employee’s his or her duty as an employee; (d) upon Upon the employee notifying the Employer in accordance with Article 49:01(a16.01 (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.

Civil Liability. 49:01 ‌‌ 18:01 If an any action or proceeding is brought against any employee covered by this Agreement for an alleged tort committed by the employee him or her in the performance of the employee’s his or her duties, then: (a) the The employee, upon being served with any a legal process, or upon receipt of any action or proceeding of proceedings as hereinbefore herein before referred to, being commenced against the employee him or her shall advise the Employer through the Vice President, Human Resources 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 proceeding and all legal fees; , and/or; (c) the 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 through the Human Resources Manager before the same is finalizedEmployer; provided the conduct of the employee which gave rise to the action did not constitute gross negligence of the employee’s his or her duty as an employee;. (d) upon Upon the employee notifying the Employer in accordance with Article 49:01(a18:01 (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.

Civil Liability. 49:01 18:01 If an any action or proceeding is brought against any employee covered by this Agreement for an alleged tort committed by the employee him or her in the performance of the employee’s his or her duties, then: (a) the The employee, upon being served with any a legal process, or upon receipt of any action or proceeding of proceedings as hereinbefore herein before referred to, being commenced against the employee him or her shall advise the Employer through the Vice President, Human Resources 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 proceeding and all legal fees; , and/or; (c) the 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 through the Human Resources Manager before the same is finalizedEmployer; provided the conduct of the employee which gave rise to the action did not constitute gross negligence of the employee’s his or her duty as an employee;. (d) upon Upon the employee notifying the Employer in accordance with Article 49:01(a18:01 (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.

Civil Liability. 49:01 25.01 If an action or proceeding is brought against any employee Employee or former Employee covered by this Agreement for an any alleged tort committed by the employee him/her in the performance of the employee’s his/her duties, then: (a) the employeeThe Employee, upon being served with any legal process, or upon receipt of any action or proceeding as hereinbefore herein before referred to, to being commenced against the employee him/her, shall advise the Employer through the Human Resources Manager of any such notification or legal process; (b) the The Employer shall pay any damages or costs awarded against any such employee Employee in any such action or proceedings and all legal fees; and/or (c) the Employer shall pay fees and/or any sum required to be paid by such employee Employee in the connection with the settlement of any claim made against such employee if such settlement is approved by the Employer through the Human Resources Manager before the same is finalized; Employee, provided the conduct of the employee Employee which gave rise to the action did not constitute a gross negligence disregard or neglect of the employee’s his/her duty as an employee;Employee. (dc) upon Upon the employee Employee notifying the Employer in accordance with Article 49:01(a)paragraph (a) above, the Employer and the employee 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 Employee agrees to co-operate cooperate fully with appointed counsel.

Civil Liability. 49:01 47.01 If an action or proceeding is brought against any employee or former employee covered by this Agreement for an alleged tort committed by the employee in the performance of the employee’s their duties, then:then:‌ (a) the employee, upon being served with any legal process, or upon receipt of any action or proceeding as hereinbefore referred to, being commenced against the employee shall advise the Employer through the Human Resources Manager their immediate supervisor of any such notification or legal process; (b) the Employer shall shall: (i) pay any damages or costs awarded against any such employee in any such action or proceedings proceedings, and all legal fees; and/orand (cii) 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 through the Human Resources Manager 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 a gross negligence disregard, or neglect of the employee’s their duty as an employee;. (dc) upon Upon the employee notifying the Employer in accordance with Article 49:01(a)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. 47.02 Charge Nurses shall have access to information listing the privileges of Doctors practising at the Hospital.

Civil Liability. 49:01 51:01 If an action or proceeding is brought against any employee covered by this Agreement for an alleged tort committed by the employee in the performance of the employee’s duties, then: (a) the The employee, upon being served with any legal process, or upon receipt of any action or proceeding as hereinbefore referred to, being commenced against the employee shall advise the Employer through the Human Resources 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 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 through the Human Resources Manager President and CEO before the same is finalized; provided the conduct of the employee which gave rise to the action did not constitute gross negligence of the employee’s duty as an employee; (d) upon Upon the employee notifying the Employer in accordance with Article 49:01(a)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 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.

Civil Liability. 49:01 16.01 If an any action or proceeding is brought against any employee covered by this Agreement for an alleged tort committed by the employee him or her in the performance of the employee’s his or her duties, then: (a) the The employee, upon being served with any legal process, or upon receipt of any action or proceeding of proceedings as hereinbefore referred to, being commenced against the employee him or her shall advise the Employer through the Human Resources Manager Vice-President, People Services & Business Transformation 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 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 through the Human Resources Manager before the same is finalizedEmployer; provided the conduct of the employee which gave rise to the action did not constitute gross negligence of the employee’s his or her duty as an employee; (d) upon Upon the employee notifying the Employer in accordance with Article 49:01(a16.01 (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.

Civil Liability. 49:01 16:01 If an any action or proceeding is brought against any employee covered by this Agreement for an alleged tort committed by the employee him or her in the performance of the employee’s his or her duties, then: (a) the The employee, upon being served with any legal process, or upon receipt of any action or proceeding of proceedings as hereinbefore referred to, being commenced against the employee him or her shall advise the Employer through the Vice President, Human Resources Manager of any such notification or legal process; (b) the The Employer shall shah pay any damages or costs awarded against any such employee in any such action or proceedings and all legal fees; , and/or; (c) the 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 through the Human Resources Manager before the same is finalizedEmployer; provided the conduct of the employee which gave rise to the action did not constitute gross negligence of the employee’s his or her duty as an employee; (d) upon Upon the employee notifying the Employer in accordance with Article 49:01(a16:01(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.

Civil Liability. 49:01 47.01 If an action or proceeding is brought against any employee or former employee covered by this Agreement for an alleged tort committed by the employee him in the performance of the employee’s his duties, then: (a) the employee, upon being served with any legal process, or upon receipt of any action or proceeding as hereinbefore referred to, being commenced against the employee him shall advise the Employer through the Human Resources Manager his immediate supervisor of any such notification or legal process; (b) the Employer shall shall: (i) pay any damages or costs awarded against any such employee in any such action or proceedings proceedings, and all legal fees; and/orand (cii) 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 through the Human Resources Manager 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 a gross negligence disregard, or neglect of the employee’s his duty as an employee;. (dc) upon Upon the employee notifying the Employer in accordance with Article 49:01(a)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. 47.02 Charge Nurses shall have access to information listing the privileges of Doctors practising at the Hospital.