Risk Management Advisories
UNINSURED LABOUR-RELATED CLAIMS
The purpose of this bulletin is to highlight labour-related risks which are
the direct responsibility of school boards. Risk management and loss prevention
are paramount to avoid claims against school boards arising out of disputes
with individual employees or organized labour. In this area, school boards are
unable to transfer the risks to their insurer and must fund such costs themselves.
Coverage is NOT provided by OSBIE's general liability insurance policy
for:
- isputes with organized labour or disputes brought as an employee or union
grievance;
- a claim for damages for:
- discrimination
- wrongful dismissal
- breach of contract except when related to Wrongful Act in the administration
of employee benefit programs.
Refer to Section 5.2(3) of OSBIE's liability policy for complete wording.
Disputes and claims do not fall within the definition of Personal Injury claims
(as defined in Section 5.12) which details the types of claims covered by OSBIE's
general liability insurance policy.
SUMMARY:
The Board is responsible for defending employment related disputes and claims.
Payment of legal defence costs, awards and penalties are the responsibility
of the school board.
OSBIE will provide a defence and pay for damages arising out of Personal Injury
claims in accordance with the terms, conditions and exclusions of the liability
policy
(REVISED 2010) E&OE
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