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UNW Collective Agreement

Article 50 – Indemnification

50.01Indemnification means the defence and settlement of actions, proceedings or prosecutions against Employees (including payment of any legal costs, damages or other monies payable by Employees in respect of such actions, proceedings or prosecutions) arising out of acts performed or not performed by them at any time in the course of and within the scope of their employment and duties in the public service.
 a)Employees who are served with, or receive, notice of any action, proceeding or prosecution in respect of which they are entitled to Indemnification shall notify their Deputy Head as soon as they are able.
 b)Upon receipt of notification from an Employee, the Deputy Head shall refer the matter to the Deputy Minister of Justice.
 c)The Deputy Minister of Justice shall examine the matter, to decide if the Employee is entitled to Indemnification.
 d)If the Deputy Minister of Justice determines that the Employee is entitled to Indemnification, the Deputy Minister of Justice shall forthwith meet with the employee and appoint counsel that is mutually agreeable to both parties. Should the parties be unable to agree on counsel that is satisfactory to both, the Deputy Minister of Justice shall unilaterally appoint counsel to act on behalf of the Employee. In the case of actions, proceedings or prosecutions covered under a policy of insurance maintained by the GNWT, the insurer under such policy retains the exclusive right, without consultation with the Employee, to appoint legal counsel to act on behalf of the Employee.
 e)The Employer shall pay all legal fees, damages, or other monies payable in connection with the defence or settlement of any action, proceeding or prosecution in respect of which an Employee is entitled to indemnification.