The employer will defend, negotiate or settle the following actions arising out of acts performed by employees in the course of their duties, provided it is determined that the employees were acting in good faith and within the scope of their duties:
This Policy applies to all employees and former employees. Bargaining unit employees should also consult their respective collective agreement and the provisions of the collective agreement shall prevail.
|Employees:||Individuals currently or previously employed in government departments.|
It is the responsibility of departments to:
It is the responsibility of employees to:
The Department of Justice may appoint a lawyer to represent employees where such representation is required as a result of a claim, suit, prosecution or professional disciplinary action. Before appointing a lawyer, the employee(s) involved will be consulted by either their home department or the Department of Justice, but the Department of Justice will make the final decision on the selection of a lawyer.
Where outside legal counsel is appointed by the Department of Justice, payment will be made subject to the following fee schedule to a maximum of 10 hours per day:
Years at Bar
|Appearance Time||Research / Preparation Time|
|1 - 5||$ 85||$ 60|
|6 - 9||$100||$ 75|
|10 - 14||$125||$100|
|15 or more||$150||$120|
Hourly rates in excess of $150.00 require the approval of Treasury Board and will only apply in exceptional circumstances as determined by the Deputy Minister of the Department of Justice.
Travel expenses incurred by outside legal counsel will be as per the travel policies, Human Resources Policy Manual.
Employees may elect, in lieu of a Department of Justice appointed lawyer, to retain their own legal counsel. Where this occurs, employees will be solely responsible for the conduct of their defence as well as costs, including damages.
The employer may opt not to provide legal representation where employees have been dismissed with cause, and subsequently become the focus of a claim, suit, prosecution or professional disciplinary action related to the reason(s) for dismissal.
Where a lawyer is appointed by the Minister of Justice to represent employees in a claim, suit, prosecution or professional disciplinary action:
The employer will not pay the legal fees or damages on behalf of employees where the employer is of the view, or where the courts or professional associations rule, that employees were not acting in good faith or within the scope of their required duties.
Continuation of Salary and Benefits
Employees' salaries and benefits will continue where time away from work is required during a claim, suit, prosecution or professional disciplinary action or to give evidence in a work-related matter.
The employer may, where appropriate, discipline an employee with respect to the incident that is the subject of the claim, suit, prosecution or professional disciplinary action.
Last Policy Update: July 25, 2014