As part of the attempt to remedy the piecemeal approach and create a single legislative act, Article 7 (3) of the Citizens Directive now addresses both workers and self -
employed persons when granting the
right to retain their status
in various
circumstances.
The Indemnified Party shall have the
right to
employ separate counsel
in any such action and to participate
in the defense thereof, but the fees and expenses of such counsel shall not be at the expense of the Indemnifying Party if the Indemnifying Party has assumed the defense of the action with counsel reasonably satisfactory to the Indemnified Party; provided that the fees and expenses of such counsel shall be at the expense of the Indemnifying Party if (i) the employment of such counsel has been specifically authorized
in writing by the Indemnifying Party or (ii) the named parties to any such action (including any impleaded parties) include both the Indemnified Party or parties and the Indemnifying Party and,
in the judgement of counsel for the Indemnified Party, it is advisable for the Indemnified Party or parties to be represented by separate counsel (
in which case the Indemnifying Party shall not have the
right to assume the defense of such action on behalf of the Indemnified Party or parties, it being understood, however, that the Indemnifying Party shall not,
in connection with any one such action or separate but substantially similar or related actions
in the same jurisdiction arising out of the same general allegations or
circumstances, be liable for the reasonable fees and expenses of more than one separate firm of attorneys for the Indemnified Party or parties.
Further, where employers regularly
employ more than 50 employees, and employees take unpaid time off as Emergency Leave, section 50 (7) of the Employment Standards Act, 2000 («ESA») gives employers the
right to request «evidence reasonable
in the
circumstances that the employee is entitled to the leave».