Leave For Court Appearances or Incarceration. In the event that an employee is of an offence arising out of the attempted performance or performance of duties, which requires a Court appearance, shall. be entitled to a leave of absence without loss of seniority, benefits and pay. In the event that the accused employee is jailed awaiting the Court appearance noted above, shall be entitled to an automatic leave of absence without loss of seniority and benefits, but without pay. In the event that the accused employee is found not guilty, shall be entitled to all lost wages. Where a civil or other proceeding is brought against the employee because of any acts or omissions done or alleged to have been done in the attempted performance or performance of duties and responsibilities, the Agency shall assume the defence for such proceeding and shall pay any and all compensatory damages, interest, or costs awarded against the employee in such civil or other proceeding. The employee agrees to notify forthwith the defence of any proceeding pursuant to this clause, the Agency agrees to keep the employee informed of the progress of the proceedings. The employee agrees to co-operate fully in the defence of such civil or other proceeding and to not take knowingly any action to prejudice the position of the Agency. Article Protection For greater certainty, the employee shall be indemnified for damages, interest, or costs arising from any act or omission, or alleged act or omission, and any civil or other proceeding resulting therefrom, which has resulted directly or indirectly from the attempted performance or performance of duties, but such indemnity shall not extend to: Any proceedings where such proceedings result in an award of punitive or exemplary damages or for conduct, acts, or omissions which constitute a gross dereliction of duties or deliberate abuse of authority; For the purpose of his clause, “legal and court costs” means the amount of fees and disbursements charged by a solicitor whose practice is located in the City of Thunder Bay, and who is retained by the employee upon approval by the Agency. In the event that the Agency believes the account submitted is excessive, the shall be assessed by an Assessment Officer of the Ontario Court (General Division), on a solicitor and client basis.
Leave For Court Appearances or Incarceration. In the event that an employee is accused of an offence arising out of the attempted performance or performance of his/her duties, which requires a Court appearance, he/she shall be entitled to a leave of absence without loss of seniority, benefits and pay. In the event that the accused employee is jailed awaiting the Court appearance noted above, he/she shall be entitled to an automatic leave of absence without loss of seniority and benefits, but without pay. In the event that the accused employee is found not guilty, he/she shall be entitled to all lost wages.
Leave For Court Appearances or Incarceration. In the event that an employee is accused of an offence arising out of the attempted performance or performance of duties, which requires a Court appearance, shall be entitled to a leave of absence without loss of seniority, benefits and pay. In the event that the accused employee is jailed awaiting the Court appearance noted above, shall be entitled to an automatic leave of absence without loss of seniority and benefits, but without pay. In the event that the accused employee is found not guilty, shall be entitled to all lost wages. Where a civil or other proceeding is brought against the employee because of any acts or omissions done or alleged to have been done in the attempted performance or performance of duties and responsibilities, the Agency shall assume the defence for such proceeding and shall pay any and all compensatory damages, interest, or costs awarded against the employee in such civil or other proceeding. The employee agrees to notify forthwith the defence of any proceeding pursuant to this clause, the Agency agrees to keep the employee informed of the progress of the proceedings. The employee agrees to co-operate fully in the defence of such civil or other proceeding and to not take knowingly any action to prejudicethe position of the Agency.
