MDDUS provides assistance, advice
and representation (together “employer support”) and access to indemnity
(“employer indemnity”) to members of MDDUS and relevant partnerships
(as defined) who are employers, on terms and conditions set out in full
below:Employment law support and indemnity - explanatory notes
- any change in the terms and conditions of employment of any employee; or
- the disciplining of any employee; or
- the termination of the employment for any reason of any employee; or
- any other act or any failure to act, or any error or omission, in respect of any employee unless
the employer of that employee has both (1) before changing the terms
and conditions of employment or disciplining the employee or terminating
the employment or otherwise acting or failing to act in respect of the
employee, and before taking any steps to change the terms and conditions
of employment, discipline the employee, terminate the employment or act
or not to act, obtained advice (from an adviser nominated by MDDUS to
give employment advice to that employer) that the employer is entitled
lawfully to make the change and/or lawfully to discipline the employee
and/or lawfully and fairly to terminate the employment and/or otherwise
lawfully to act or fail to act in respect of the employee and (2) in
making the change, taking the disciplinary action, terminating the
employment or otherwise acting or failing to act, acted upon, followed
and implemented that advice.
- any remuneration
(including any salary, wages, bonus, holiday pay, benefit in kind,
pension contribution or pension payment), PAYE, income tax (whether
payable by employer or employee) or national insurance contribution
(whether payable by employer or employee)
- any sick pay or any holiday pay
- any redundancy payment (whether statutory, contractual, discretionary or otherwise)
- any payment in lieu of notice
- any interest, penalties or other charge in respect of the failure to make any payment on the due date
- any liability in respect of the death of, or any actual or alleged injury to, any employee
-
a claim brought in the civil courts for personal injury claims,
interdict or injunction and any claim for breach of statutory duty save
those arising in connection with the employment relationship
- any claim in the criminal courts
- consequential loss and any liability for consequential loss
-
any settlement, compromise or other payment unless the amount and terms
of the payment have been approved by or on behalf of MDDUS
- any liability which an employer deliberately, knowingly or recklessly incurs.