STANDARD OPERATING PROCEDURE – INDEMNITY

Employees covered by the Worker’s Compensation statute are entitled to the benefits provided therein for personal injury or death by accident arising while at work. Employees also have an obligation to exercise reasonable care for their own safety and for the safety of their co-employees. Employees shall indemnify and hold the Employer harmless from all liability for loss, damages, or injury to persons or property resulting from the gross negligence or misconduct of the Employee.

1. Indemnity

The provision of indemnity is the obligation to pay for any loss or damage that has been or might be incurred by an individual, in this case whilst participating in non-work-related events / activities / actions during working hours.

• For employees who have partner engagements, off- or on-site, during working hours, for lunch or beverages, the employer will fall under COIDA, as this is work related, and will be covered.
• For employees who have vendor / partner engagements, off- or on-site, during working hours, the employer is not held liability under COIDA, if alcoholic beverages are consumed.
• Off- or on-prem Team buildings must require the submission of an indemnity form.
• Off-site events, which are after hours, are not at compulsory and therefor will not fall under the COIDA scope. Irrespective of alcoholic beverage being consumed.
• For on / off-prem events / activities, which includes alcoholic beverages, the Employer is indemnified against any claims, as the Employee is responsible for taking reasonable care. This includes year-end functions, as this is not compulsory to attend.
• International Travel: The Employee is responsible for ensuring that he / she is covered. When booking via credit card, general insurance comes with the booking. Any top-up must be considered and preapproved by the employer. The top-up (after approval) can be claimed by the Employer.
• Local Travelling: It is the employee’s responsibility to ensure that any 3^rd party incidents are covered by themselves. The employer is not responsible for any accidents.
• Vehicle Hire: When making use of any rental vehicle that is booked through the Employer and you, as the driver, are the main cause of the accident due to negligent driving, driving at an excessive speed, failure to take proper care and failure to comply in terms of the rules of the road, you will be liable for the excess amount. The Employer will settle the bill with Avis and the monies will be recovered back from the employee. Should you, as the driver, not be the cause of the accident, the Employer will settle all amounts.

Please refer to the ETD Event and Travel Disclaimer form / policy.

Please refer to the Serious Illness, Injury policy for clarity on COIDA and its process.