FAQ

A) Are all unfair labour practices covered by the policy?

In its broadest form Unfair labour practice is defined as:

unfair discrimination against any employee in any employment policy or practice on any one or more grounds of race, gender, sex, pregnancy, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language, marital status or family responsibility;

sexual harassment including unwelcome sexual advances, requests for sexual favours and any unwelcome verbal, visual or physical contact of a sexual nature which

(a)    is explicitly or implicitly made a condition or term of employment; or

(b)    when rejected or opposed by a person becomes a basis for decisions regarding the person’s employment;

defamation which relates to a person’s job skills, job performance, qualifications for employment, professional reputation, disciplinary history or termination of employment;

unfair dismissal, discharge or termination of employment or refusal to hire;

adverse change in the terms and conditions of a person’s employment in retaliation for that person’s exercise of his or her rights under law, or support of the rights of another.
The product will not cover:

Retrenchments
Dismissals following strike action
Actions where the employer has wilfully disregarded the
Pre existing cases
The cost of disciplinary hearings or other internal processes that take place
prior to dismissal or disciplinary action being taken
Costs incurred without consent from Camargue
Settlements entered into with consent from Camargue

B)    How will Camargue ensure that cases are handled in a fair and professional manner?

Camargue has an extensive panel of labour court judges and commissioners who randomly assess claims to ensure that labour practitioners and clients are utilising the product correctly.

C)    Will premiums go up in future?

If claims exceed premiums on the scheme there may be an increase. This is however not envisaged in the first couple of years.

D)    Why is there an excess?

The excess is in place to reduce the premiums. Without it, the product would become unaffordable. The excess also ensures that members do not claim unnecessarily.

E)    Can clients buy more cover?

Yes, but only at the beginning of each 12-month period of insurance. Clients requiring more cover must make a written request to the broker. This request will then be passed on to Camargue

F)    What happens if CAMARGUE wishes to settle a claim but the employer would rather continue to fight the allegation?

This is very rare. If the parties think that it would be more cost effective to settle a claim then it is possible that a settlement will be paid by. If the employer still wishes to continue the settlement will be paid to the employer and they will continue their fight without insurance protection on that particular claim.

G)    What happens if an employee has to be reinstated?

The policy will pay any back pay from the date of the dismissal to the date of reinstatement as well as any legal fees. Future costs are not covered.