Employee indemnification means that the Government will compensate you for financial losses that result from legal actions or proceedings taken against you during the course of your employment, provided certain conditions are met. An example of such a situation is if you are being sued for negligence while performing your job. If you meet the conditions, the Government will defend your case and cover any financial costs associated with it.
There are 3 criteria that must be met for you to be eligible for coverage:
The Government believes that all employees who do their job in good faith deserve to be protected. The new policy allows employees to do their jobs without fear of personal liability.
The previous policy did not cover the wide range of matters for which an employee may need to be indemnified, was silent on access to legal representation and did not set out any process for employees to seek indemnification and or legal assistance when required.
The policy applies to all civil servants, including bargaining unit employees, other direct employees of the Province, and per diem Crown Attorneys. It also applies to former employees and the estates of former employees.
Any situation where your actions or failure to act during the course of your employment that might give rise to the laying of a legal claim against you or any work-related situation where you might need a lawyer would give rise to the use of the Policy. Examples of such situations are:
You must inform your supervisor as soon as possible. You must provide the following details, as applicable:
The policy provides for the provision of legal services in a variety of situations. In most circumstances, Department of Justice lawyers will provide the legal services. If the situation is such that they cannot, such as a conflict of interest, the Department of Justice will assign outside counsel to provide the services.
You may do so, but it would be at your own expense.
The government may in some situations recover costs incurred. This may be done through any avenue available. Cost recovery will depend on the circumstances of each case.
Any decision to indemnify does not mean that you may not still be subject to disciplinary actions if the situation warrants.
You can view a full copy of the policy in the 500 Human Resources Management Manual.