ALLIANZ P.L.C.

SchoolsJournalwww.allianz.ie/schools Issue 01/2018

4 New Principal SupportServices, resources and support for new principalsprovided by Allianz

12 The Life Cycle of an EmploymentPractices Liability ClaimWe outline the process from first notification to finaloutcome

14 Legal ReviewWe review some school accidents which have recentlybeen finalised in the courts

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EditorialDear Friends,

Welcome to the Summer edition of our Schools Journal.

It is when a claim is brought against a school that the value of an insurancepolicy becomes evident. In this issue of our Schools Journal we outline theprocess involved in dealing with an employment practices liability claim. Thecase outlined involves an employment dispute. We outline the process fromthe circumstances of the dispute, the reporting process, the investigation,

the role of the Rights Commissioner and thefinal outcome. Remember, that whateverhappens in the way a claim unfolds, Allianzis on your side and there to support you. Thisis particularly important if litigation isinvolved as this can be a veryconfrontational and testing process.

We also feature a number of articles on RiskManagement covering such topics as,manual handling, the importance ofinsuring that appropriate permissions aresought, best practice followed and allrelevant requirements are adhered to if youhave a Pre-School located on your grounds.

Other articles featured include details of services, resources and support fornew principals, changes under new General Data Protection Regulation(GDPR) and the importance of ensuring that your sums insured areadequate.

The Allianz Pupil Personal Accident Insurance Policy provides a benefit inthe event of an insured accident irrespective of who is to blame. In thisissue we provide answers to the most frequently asked questions wereceive in relation to why such insurance is necessary and why suchinsurance should be placed with Allianz. We are also delighted to offerschools the chance of winning some fantastic prizes if you arrange yourPupil Personal Accident Insurance cover online at www.allianz.ie/schools.

Our Legal Review article includes 4 cases which have recently been finalisedin the Courts.

I hope you find this edition of our Schools Journal of interest. If there is anyadditional information we can provide in relation to any articles published,please do not hesitate to contact us.

Our email address is education@allianz.ie. Please quote your policynumber in the subject title of the email. You can also contact our SchoolsSupport Team at 01 613 3966, your local Allianz Representative or yourInsurance Intermediary.

Peter KilcullenChief Customer Officer

Calls may be recorded.

Contents2 Editorial

Welcome to the Summer edition of our Schools Journal.

3 Manual HandlingReducing the risk of manual handling accidents occurring to your employees.

4 New Principal SupportServices, resources and support for new principals provided by Allianz.

5 Allianz Cumann na nBunscolSupporting Cumann na mBonscol for over 20 years.

6 The importance of ensuring that your sums insured are adequateAre your sums insured adequate?

8 Pre-Schools Located on Primary School GroundsThe importance in insuring that the appropriate permissions are sought, best practice is followed and all relevant requirements are adhered to.

9 Changes under new General Data Protection RegulationEnsure your school is ready to be compliant with GDPRwhich will apply from 25th May 2018.

10 Allianz Pupil Personal Accident Insurance 2018We answer the most frequently asked questions we receive in relation to the Allianz Pupil Personal Accident Insurance.

12 The Life Cycle of an Employment Practices Liability ClaimWe outline the process from first notification to final outcome.

14 Legal ReviewDetails of some recently settled school accident claims.

Peter KilcullenChief Customer Officer

This publication is for general information and guidancepurposes only and should not be regarded as a substitutefor professional advice. Such advice should always betaken before acting on any of the matters discussed.

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Allianz Schools Journal 01/18

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RISK MANAGEMENT

Manual Handling

Injuries due to manual handling account for30% of all accidents reported to the Health andSafety Authority. Injuries or accidents occurevery year because weights are either tooheavy for the individual or he/she incorrectlylifts weights which are within their capacity.

The following are some of the key systemfailures identified by the Courts when makingrulings on compensation claims:-• No risk assessment of work activity• Lack of safe system of work• Mechanical aids were not provided or

maintained• No training or inadequate training was

provided• No evidence of work supervision

To avoid manual handling accidents,employees should be reminded to:(a) plan the work in advance

(b) obtain assistance if an object is too heavyor see if it can be made lighter

(c) remove obstructions before lifting andclear a space where the load is to be set down

(d) make sure the path is clear and lookout forobstructions, spills, steps, etc.

(e) think about the best way to lift the load(f) don’t carry a load that obstructs your view(g) keep loads close to body when lifting(h) bend their knees to a crouching position with

their back straight but not necessarily vertical(i) avoid twisting their upper body(j) use a firm grip with the palms of their

hands and the roots of their fingers - usingthe finger tips means more effort andmore chance of dropping the object

(k) keep their arms close to their body so thattheir body takes the weight rather thantheir fingers, wrists and arms

(l) use gloves when handling sharp orslippery objects

(m) use mechanical aids e.g. wheelbarrow ifthey are available and suitable

Manual handling injuries are not limited tothose sustained by lifting or carrying heavyloads. A person can be injured when handlingobjects in a variety of ways including pulling,pushing, holding or restraining. The object orload can be anything from a large light load to aheavy small load. Staff should be trained incorrect lifting procedures so as to avoid the riskof injury.

Further information on manual handling iscontained in the Allianz “Risk ManagementGuide to Insurance, Safety and Security in theSchool” booklet or the Health & SafetyAuthority website: www.hsa.ie

Manual handling is defined as anything which involves the application of bodily forceto an object. This includes lifting, carrying, putting down, pushing, pulling, movingand supporting. It is covered by the following legislation: Factories Act 1955 – ManualHandling Regulations 1972, Safety, Health and Welfare at Work Act 2005 and GeneralApplication Regulations 2007 – Chapter 4 of Part 2: Manual Handling of Loads.

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RESOURCES

New Principal Support

SERVICESLocal Service in Your AreaOur local Allianz Schools Representatives arelocated throughout the country to provide apersonal local service for schools. They areavailable to call to your school and provideinsurance related guidance and services freeof charge (details of your Local SchoolsRepresentative and the Services they providecan be found at www.allianz.ie/schools). A visit to your school can be arranged bycontacting our School Support Team,through the arrange a call facility on ourwebsite or by contacting your local SchoolsRepresentative directly.

Claims Management ServiceCustomers can avail of a Claims Managerwho takes ownership of your claim and canadvise schools throughout the claimsprocess. We understand that making a claimcan be a stressful event and you can expectto be treated with sensitivity and respect.

Risk ManagementAllianz are proactive in identifying risks in theschools environment and providing solutionsto reduce or eliminate the identified risks.This is achieved by analysing claims trends,identifying emerging risks and through oursurveyors who carry out risk surveys onindividual schools.

School Support TeamOur School Support Team provide assistanceand support to schools on a range ofinsurance related topics and processinsurance documentation requests to ensureefficient turnaround for schools.

If you are insured through an insuranceintermediary, please contact them for anyassistance.

RESOURCESGuide to Safety and Security in the SchoolThis provides resources and guidance toschool principals, Health & Safety committees

As a new principal, it is important to know how to access the supports and services that are availableto you. Allianz have an unrivalled school insurance service and support structure in place,throughout the country. Our Underwriting, Claims and Sales personnel have extensive knowledgeof the education system, relevant legislation and most importantly, a compassionate understandingof the difficulties schools may face. Below we outline the Services and Resources available.

Allianz Schools Journal 01/18

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RESOURCES

Allianz have been very proud partners andsponsors of Cumann na mBunscol for over20 years. Through this time we have seen adevelopment of the organisation that hasensured it has remained not only relevant tothe school and their pupils throughoutIreland but forms an integral part of theiryearly activities. Allianz are delighted tocontinue to grow this partnership into 2018as we truly believe Cumann na mBunscolcreate a fantastic platform for children andtheir future development through wellorganised and inclusive games and activities.

The Allianz Cumann na Mbunscol finals havebecome such a joyous event for schools andtheir pupils to get the chance to participatein. These finals will inevitably creatememories and stories that will last long intothe future. To help share these fantastic

occasions we plan to feature the finalsprominently in our future schoolpublications. In addition to the finals, we willlook to feature some regional events. If yourschool wish to be included in this, pleasesend us a photograph of your school team,participating in a Cumann na mBunscolevent and we will look to feature it in thenear future.

Pictures can be emailed toschools@allianz.ie with the subject – Allianz Cumann na Mbunscol

We wish your school all the best for 2018 andlook forward to seeing your schools in action.

Allianz Cumannna mBunscolCumann na mBunscol

and/or Officers, Boards of Management,Trustees & Patrons in the day to day operationof school activities. Our guide is updatedperiodically to take account of changes inemployment legislation, health & safety andenvironmental factors which impact upon a school.

School JournalsOur bi-annual journal contains articles oninsurance, risk management, health & safety,claims and changes in legislation. Our legalreview section contains details of schoolclaims that have been finalised in the courtsand provide some practical guidance basedon their outcomes. All past issues can beviewed and downloaded from our websitewww.allianz.ie/schools

Website www.allianz.ie/schoolsOur website contains relevant schools relatedinsurance information and resources. Weconstantly update our website with the mostrelevant/seasonal guidance depending onthe time of year and trends we feel schoolsshould be alerted to. We aim to present thisinformation in a clear and transparentmanner to assist Boards of Management,teachers and principals.

Principals Information PackThis information pack includes details of thevarious services provided by Allianz includingcontact details of your local AllianzRepresentative. In addition it includes a copyof our Frequently Asked Questions bookletwhich outlines common situations andscenarios which may present in a school.

Risk Management PublicationsIn addition to the bi-annual school journal weissue newsletters on trending topics such asprotection of property during extremeweather conditions, employment issues andother relevant topics to assist you to managerisks in your school.

We wish you well in your new role asPrincipal and please feel free to contact ourSchool Support Team at 01 613 3966, yourlocal Allianz representative or your InsuranceIntermediary at any stage.

You can also email your query toeducation@allianz.ie Please ensure youinclude your policy number in the subjectmatter of your email.

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INSURANCE

The importance of ensuring thatyour sums insured are adequate

To ensure that the sums insured are adequatein the event of a loss, the school should insurethe full cost of rebuilding the school propertyin the event of its loss and the fullreplacement cost of contents. Therefore, theBoard of Management is responsible fordeciding appropriate sums insured and thesesums insured should be reviewed on a regularbasis. It is recommended that the Board ofManagement obtain a professional valuationfrom a quantity surveyor, architect or similarlyqualified person in relation to the full cost ofreinstatement.

The professional valuation shouldinclude provision for the following:• Cost of materials necessary to rebuild• Cost of clearing the site including

demolition and debris removal • Cost of site works and drainage • Fees of architects, surveyor's and other

professional advisors • Cost of complying with current building

regulations/requirements• An inflation provision based upon an

estimated period between destruction and reconstruction and all figures should be inclusive of VAT

There can be other abnormal costs such aspoor ground conditions, special foundations,sewerage treatment pumping plant, stormwater storage and release. There could alsobe special security with the physical measuresincluding special glazing, fencing, grilles,shutters etc. There could also be specialsecurity including CCTV and Access Control isnow a common feature in many schools.Regional factors, site location and access canalso impact on the costs.

Therefore, you can see from the above thatestablishing the correct sums insured is not an

The sum insured is the value placed on buildings and contents in a school to cover thereinstatement cost of the buildings and contents and also represent the maximum amountthat can be recovered under the property section of your Allianz Custodian SchoolProtection policy in the event of a claim. This means that in the event of a total or seriousloss, if the cost of a claim exceeds the sum insured then the Board of Management will beresponsible for any shortfall. An inadequate sum insured can mean a payment of less thanthe actual cost of repairs or a payment less than the amount the policyholder is required toexpend which could leave the school exposed to an uninsured financial loss.

Allianz Schools Journal 01/18

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INSURANCE

easy task and it is recommended that you seekprofessional advice to ensure appropriateprovision is made for everything there.

External works, yards, play areas, car parks,boundary walls, gates, railings etc. need to beincluded in the calculation of sums insured.These items fall within the scope of cover.

How often is a valuation required?It is not necessary to arrange a professionalreinstatement valuation every year becausethe quantity surveyor, architect or engineerwill be able to advise on the percentage bywhich you should increase the sums insuredin subsequent years. However, we dorecommend that full valuations be carried outevery seven years. Allianz school policies aresubject to indexation in accordance with the“House Building Cost Index” issued by theDepartment of Environment.

Contents sum insured for schools The sum insured on contents should bereflective of the cost of replacing all of thecontents in the building. The term contentsincludes furniture, audio or visual equipment,furnishings, curtains, blinds, computerequipment, games equipment, officeequipment, interactive whiteboards, books,stationary etc. The definition of contents will

also include personal effects includingbicycles and clothes of pupils, employees and visitors.

Allianz has a Contents Checklist available toassist you in compiling a detailed inventory ofall of your contents in the school. As a rule ofthumb the recommended contents figureshould be at least between 10% & 15% of thebuilding sum insured depending on thenature of contents in the school.

School Extensions - Keep yourInsurer advisedOne of the benefits of an Allianz CustodianSchool Protection policy is the Additionsextension. This benefit provides propertycover for newly erected buildings, alterationsor improvements to Buildings or Contents nototherwise insured for up to €1,000,000,provided that the Insured shall (a) notify theCompany as soon as practicably possiblefollowing such additions and (b) pay theadditional premium required by the Company.

Whilst this benefit is intended to protect yourschools Board of Management, it is advisableto notify Allianz or your InsuranceIntermediary of any buildings works(including summer works) in order for us toupdate our records and provide any

assistance that may be required. You riskbeing underinsured in the event of a claimwhere your policy cover has not beensufficiently updated. Other items will alsoneed to be given consideration including anyadditional contents.

If you are engaged in a new building project, itis an opportune time to request a professionalreinstatement valuation of the completedbuilding. We recommend that this is agreedand included at the beginning of the contractso that any cost can be absorbed in thecontract price. If the school is building anextension, you should also request aprofessional reinstatement valuation of theentire building including the newextension/refurbishment work. If this is notpractical for smaller extensions, if you areinsured directly with Allianz please contactyour local Allianz representative directly whocan visit your school and provide guidance inrelation to the revised sums insured that maybe necessary following completion of anyextension/refurbishment work. If you areinsured through an Insurance Intermediaryplease contact them directly.

Allianz Local Service Allianz representatives can provide you withsome indicative guidelines in relation to theaverage costs of building a modern school.However, any such guidance is purely anindication of the likely reinstatement cost inthe event of a total or serious loss and shouldnot be looked on as a professional valuation.

If any portion of your school property is aprotected/listed building you may be obligedby your Local Authority to reinstate theproperty in exactly the same manner andusing the same materials as the existingbuildings and in such circumstances the needfor a professional reinstatement valuationcannot be overstated.

If you have any queries regarding any aspectof this article please do not hesitate to contactour School Support Team at 01 613 3966,your local Allianz Representative or yourInsurance Intermediary.

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INSURANCE

Pre-Schools Located onPrimary School Grounds

While this arrangement can make sense forschools it is very important that theappropriate permissions are sought, bestpractice is followed and all relevantrequirements are adhered to. The childcaresector is heavily regulated and it is essentialthat these regulations are complied with.

There are two main scenarios here:

1. The school allow a Third Party group to use part of their property or grounds to facilitate a pre-school – In this case it is very important that the school;• check to ensure the pre-school have an adequate insurance policy in place which covers their activities • receive written confirmation that the pre-school have a child safeguarding policy in place (do not request a copy of the document)• a lease or licence should be put in place• Obtain permission from the Patron / property owner

2. The BoM of the primary school run a pre-school – In this case the BoM need toensure the following:

• All relevant Childcare regulations are followed• A separate company is set up for the pre-school featuring separate accounts and insurance arrangement.• Permission has been granted by the Department of Education and the Patron / property owner

As per the recent guidelines issued by theDepartment of Education (Guidelines on theuse of School Buildings outside of Schoolhours) it is vital that the appropriatepermissions are sought from the propertyowner in both scenarios.

SurveyIf you have a pre-school on your school grounds,it is necessary to inform your insurance company.Therefore, we will be asking schools who have

pre-schools on their grounds to complete a shortsurvey. We will send this out to you shortly andwe would really appreciate your participation.The survey is also available to download from ourwebsite www.allianz.ie/schools.

The need for School Boards of Management toobtain appropriate permission, is documentedfurther in the Department of Educations recentdocument “Guidelines on the use of SchoolBuildings outside of School hours”.

There has been a marked increase in pre-schools located on primary school groundsover the last number of years. This is understandable given the possible synergiesand obvious flow from pre-school to primary school education.

Allianz Schools Journal 01/18

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RISK MANAGEMENT

• Why are you holding it?• How did you obtain it?• Why was it originally gathered?• How long will you retain it?• How secure is it, both in terms of

encryption and accessibility?• Do you ever share it with third parties

and on what basis might you do so?The inventory will enable your school toamend incorrect data.

You should review your procedures to ensurethey cover all the rights individuals have,including how you would delete personaldata or provide data electronically and in acommonly used format.

Rights for individuals under the GDPR include:• subject access• to have inaccuracies corrected• to have information erased

• to restrict the processing of their information, including automated decision-making

• data portabilityYou should review and update yourprocedures and plan how you will handlerequests within the new timescales. (Thereshould be no undue delay in processing an Access Request and, at the latest, they mustbe concluded within one month).

GDPR introduces special protections forchildren’s data which you need to ensure youare aware of and compliant with.

GDPR requirements are extensive but there aremany excellent resources available to yourschool. These resources include clear stepsthat your school should take and action plans toassist your Board of Management ensurecorrect checks and procedures are put in place.

• dataprotectionschools.ie• gdprandyou.ie• Most Management bodies also have advice

for their members on their website and these will focus on specificadvice for Primary / Secondary schools as appropriate.

Allianz Custodian School Protection PolicyYour Allianz Custodian School ProtectionPolicy provides protection to BoM’s, Trusteesand Patron for any actual or alleged breach ofduty arising from any negligent act error oromission e.g. issues arising from youradministration of policies and procedures inrelation to data protection. Cover is subject topolicy terms Definitions Exclusions Conditionsand any Endorsements of the Policy.

Data Access RequestsData Access requests should be referred toAllianz to ensure your BoM receives thecorrect advice prior to fulfilling such requests.

As you are probably aware, the new General Data ProtectionRegulation (GDPR) was published in the Official Journal of theEuropean Union on 4 May 2016, and will apply from 25 May 2018.As the implications of the new GDPR are extensive, all schoolsdealing with personal data, need to plan for the new requirements.

The new rules aim to protect individuals, by setting out clear rightsand requirements, balanced with the need for data processing inbusiness, services and society.

The first step in ensuring your school is ready to be compliant withGDPR in May will be to ensure you are aware of the importantchanges and to put adequate procedures in place. Your Board ofManagement needs to review the changes and plan accordingly.Any changes to procedures should be communicated to all relevantstaff that are dealing with requests or involved in the handling orprocessing of personal data.

To assist in this you should make an inventory of all personal data you hold and examine it under the following headings:

Changes under new General DataProtection Regulation (GDPR)

RISK MANAGEMENT

We are delighted to confirm that premiums for the coming year (commencing 1st September2018) will be unchanged. The Allianz Pupil Personal Accident Policy continues to be excellentvalue for money with premiums from €4.00 for School Activities / €6.40 for 24 hour cover perpupil for primary schools & €7.20 for school activities / €9.60 for 24 hour cover per pupil forSecondary Schools.

Each year we receive a large number of queries on different aspects of the scheme so we haveoutlined the most commonly asked questions, and their answers within this article. Thisinformation will also assist school principals / secretaries looking at the Allianz Pupil PersonalAccident scheme for the first time.

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Allianz Pupil PersonalAccident Insurance 2018

What is Pupil Personal AccidentInsurance?The principal aim of Personal AccidentInsurance is to cover medical and / or dentalcosts as a result of accidental bodily injury i.e.an accident. The Allianz Pupil PersonalAccident Insurance scheme provides thiscover for primary and second level pupilsthrough their school. Simply put, if a pupil onthe scheme incurs medical and / or dentalcosts following an accident, these costs can beclaimed under the Allianz Pupil PersonalAccident Insurance Policy on a no blame basis.

What are the benefits to my school?1. Reduces the possibility of public liability

claims being taken against the school as theparents / guardians of an injured child canreclaim their medical and / or dentalexpenses (not recoverable from anothersource) following an accident to their child.

2. Provides a no blame facility for parents torecoup medical costs following an accidentduring a school activity. This in turn reducesthe likelihood of animosity between theparent / guardian and the school followingan accident involving their child.

3. 20% saving on the overall premium forarranging cover online atwww.allianz.ie/schools.

4. Provides peace of mind for schools.

What are the benefits to the parents/ guardians of our pupils?1. 24 hour cover option provides cover 365

days a year, 24 hours a day.2. No Excess so all insured expenses, not

recoverable from another source, can berecovered.

3. Allianz continue to pay insured expensesuntil the need for care has ceased. This is avery important feature for dental claims asthe costs can continue for a number of years.

4. Affordable premiums for parents.5. Medical & dental expenses benefits are

separate, meaning parents can claim up tothe limit of each benefit (up to €100,000 -€50,000 limit on medical & €50,000 limiton dental expenses)

How does the scheme work and whatoptions are there?

Cover types – There are two cover types,School Activities only and 24 hour cover:

School Activities Only – Cover is restricted toSchool Activities only (including direct travelto and from such activity)

24 hour cover – Provides cover to pupils 24hours a day, 365 days a year.

Allianz Schools Journal 01/18

Cover Options for Schools

Specified Pupils - Most schools give parentsan option to include their child in the scheme.In this case, the Option B application form isissued to parents and they choose the cover fortheir child (24 hour or School Activities Only)and pay the school the relevant premium. Mostschools use this option, as it is a good way tocollect the premium. It may mean that somechildren will not participate in the scheme.

All Pupils - The other option available toschools is to take out the cover for all childrenin the school. This is a cheaper option ( €1 cheaper / child prior to the online saving)and individual application forms do not haveto be completed by parents. The cover(School Activities Only or 24 hour) must bethe same for all pupils in the school.

How do I arrange Cover?Cover is arranged through our websitewww.allianz.ie/schools. The process is verystraightforward and there is no need forpasswords. Simply select Pupil PersonalAccident, Click BUY and follow the onscreeninstructions.

Is it cheaper to arrange online?Yes, there is a 20% premium saving if youarrange the cover online.

Does our school need this cover ifwe have arranged Public LiabilityInsurance? Public Liability Insurance covers the legalliability of the school and the Board ofManagement. In order to make a claim andrecover medical expenses, the parent /guardian would need to take legal actionagainst the school and in doing so prove theschool were in some way negligent to besuccessful in their claim. Under a PersonalAccident Insurance Policy medical and / ordental expenses (subject to policy limits) notrecoverable from any other source will becovered following an accident.

What does not recoverable fromanother source mean?If the injured pupil can avail of a private healthinsurance (PHI) payment, they must do so. If

their PHI does not cover the medical or dentalexpenses or does not cover all of the expenses,they can make a claim under the School PupilPersonal Accident Policy. This measure helpskeep the premiums affordable.

Are physiotherapy expensescovered?Yes, provided the injury results fromaccidental bodily injury (an accident) andthey have been referred by a medicalpractitioner (typically a GP).

Why are the premiums for Primaryand Secondary schools different?The premiums for Primary and Secondaryschools were the same until September2017. However the claims experience forSecondary schools is significantly higherthan Primary schools (based on an analysisof 5 year claims experience in April 2017).

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Competition

Early Bird Competition forPrimary & Secondary SchoolsSchools who arrange their cover online at www.allianz.ie/schoolsbefore 30th June 2018 will be entered into a draw for a 64GB iPad. We have one each for Primary schools and Secondary schools.

Win a €1,500 O’Neill’s SportsVoucher for your schoolWin a €1,500 O’Neill’s sports voucher for your school. We have asports voucher to be won for Primary schools and one for Secondaryschools. To be in with a chance to win simply arrange your coveronline at www.allianz.ie/schools by the 31st October 2018.

Competition terms and conditions apply and can be found at www.allianz.ie/schools

Last Years Winners were as follows:

Sports Kit CompetitionSecondary School Sports Kit Winner – St Brendan’s College, Co Kerry Primary School Sports Kit Winner – Strandhill National School, Co Sligo

Early Bird CompetitionSecondary School iPad Winner – Cross & Passion Secondary School, Maryfield, DublinPrimary School iPad Winner – St Dympna’s Ns, Tydavnet, Co Monaghan

We are running a number of competitions this year as follows:

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LEGAL

The Life Cycle of an EmploymentPractices Liability Claim

Circumstances of the DisputeThe school had decided to reduce the numberof cleaners employed from three to two. Thecleaner who was made redundant appealedthe decision to the Board of Management onthe basis he was unfairly selected. Theredundant cleaner filed a claim for unfairdismissal under the Unfair Dismissals Acts.The school approached a solicitor to advisethem. This case would be in line to be listed forhearing before a Rights Commissioner in theLabour Relations Commission (now part of theWorkplace Relations Commission). It couldtake some time to be listed.

Reporting the IssueThe Board of Management consulted theirsolicitor who advised them to notify Allianz, theirInsurer which they did. Solicitor’s fees incurredprior to a claim would be paid by the school. Asthe matter was in line to be listed as a claim

before the Rights Commissioner in the LabourRelations Commission, Allianz would providecover for fees from this point, subject to thepolicy limit of indemnity and excess of €300.

InvestigationIn this case the solicitor whom the schoolconsulted was appointed as legal adviser byAllianz. The solicitor had obtained details ofthe process which led to the cleaner beingmade redundant. If the solicitor was notinvolved, Allianz would appoint a claimsinvestigator to meet the Principal and keypeople on the Board of Management whowere involved in the decision to establish thebackground and circumstances.

Rights CommissionerA hearing before the Rights Commissionerwent ahead approximately eight months after

the original unfair dismissal claim was filed.The solicitor appointed by Allianz to representthe school was in attendance. The claimant isoften represented by a union official but in thiscase was represented by a solicitor.

The Rights Commissioner focused on thecriteria for appointment which was importantin determining who was to be maderedundant. The school’s solicitor maintainedthe school was objective and the threeworkers were assessed by the same criteria.However, the Rights Commissioner was of theopinion that the criteria were general and lefta lot of scope for subjective interpretation.The hearing ended with the RightsCommissioner requesting additionalinformation from each party.

An opportunity was provided to the parties toexplore the possibility of an agreedsettlement. With the assistance of the Rights

In this article we discuss the life cycle of an Employment Practices Liabilityclaim which we dealt with under an Allianz Custodian School ProtectionPolicy involving an employment dispute. We outline the process from thecircumstances of the dispute, the reporting process, the investigation, therole of the Rights Commissioner, the final outcome and lessons learned.

Allianz Schools Journal 01/18

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Allianz Schools Journal 01/17LEGAL

Commissioner the school reached a pointwhere they were willing to make a settlement.The solicitor for the claimant was unwilling toengage in negotiations.

As settlement could not be agreed, it returnedto the Rights Commissioner to make adetermination. The school’s solicitor felt at thispoint the Rights Commissioner would makesome award if only to penalise the school fornot using “last in first out”.

Rights Commissioner – Final DecisionThe final decision of the Rights Commissionerwas issued about eleven months after theoriginal hearing. As expected, he foundagainst the Board of Management. Thereason given was that, on the basis that allthree employees were carrying out the sameduties and all three had clean records “itwould not be unusual for seniority to be amajor factor in deciding who will be maderedundant”.

However, the Rights Commissioner didrecognise that the Board of Management wasentitled to use other criteria to assess whoshould be made redundant. Where the Boardof Management went wrong was in the

absence of transparency in the process andthe subjectivity of some of the criteria used toselect the person who was to be maderedundant. The Rights Commissioner made amonetary award by way of compensation.

OptionsThe Board of Management had the right toappeal the decision but decided not to do so inthis case. The claimant could also appeal thedecision but, again, did not do so. There is atime limit of 42 days to make an appeal.

What the Policy CoversThe legal costs of the solicitor appointed toadvise the school were covered under theAllianz Custodian School Protection Policy. Alsocovered was the award made by the RightsCommissioner. However, if any penalties, finesor punitive damages (damages exceedingsimple compensation and awarded to punishthe defendants) had been made against theschool these would not be covered under thePolicy and would have to be paid by the schoolfrom their own resources. It is important tonote however, that you must refer to yourpolicy document wording and schedule forprecise details of your cover and all terms,conditions, limitations, exclusions and

endorsements applicable to it. A copy of this isavailable upon request from Allianz or yourInsurance Intermediary.

Lessons LearnedIt is essential that schools follow correctprocedures when dealing with employmentmatters. Issues such as procedures whentaking on a member of staff, redundancy,contracts, absence and dismissal must beproperly addressed. Principals and Board ofManagement members are not expected to beexperts in the area of employment law andprocedures. They should lean on the expertiseof their own representative bodies, as well asState sponsored bodies such as the WorkplaceRelations Commission and even legal advicewhere appropriate.

As this article shows, it only takes a smallbreakdown in procedure to leave a school witha claim resulting in a significant payment forthe settlement and legal costs being madeagainst their insurance policy.

If you have any queries regarding any aspect ofthis article please do not hesitate to contactour School Support Team at 01 613 3966, yourlocal Allianz Representative or your InsuranceIntermediary.

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RISK MANAGEMENTLEGAL

Legal Review

Case 1 – Injury to pupil using outdoorschool playground equipmentThis first case involves a slip and fall in theschool playground from a climbing frame. A claim was submitted through the CircuitCourt alleging the play area was notsupervised at the time and the climbingframe was unsafe and dangerous. In additionit was claimed that the injured pupil wasattending an afterschool indoor homeworkclub and that she should not have beenpermitted to go into the yard or to use theclimbing frame. A full defence was deliveredin the matter and it was specifically pleadedthat the injured pupil was permitted to go

into the play area where the climbing areawas located when she had her homeworkcompleted or where she had no homeworkon the day in question. It was further pleadedthat the injured pupil’s mother was fullyaware of this fact and in fact the injuredpupil’s mother frequently collected her fromthe play area on a Friday evening. Furtherpleadings confirmed that the climbing framein question was a state of the art structurewhich was manufactured and installed by areputable company and which was certifiedas designed and installed in compliance withappropriate standards. The case proceededto trial in the Circuit Court and evidence was

given to confirm the above and thatsupervision was in place on the day. TheJudge dismissed the claim and in hisJudgement stated that it is not the case thatsomeone is to blame for every accident. Hehas sympathy for the injured pupil who wasgenuinely injured but he also had sympathyfor the school who were doing their best andhe was not satisfied that the school hadbreached the standard of care required.

Case 2 – Injury to pupil during class in thescience laboratory This next case involved an injury sustained by

We continue our review of some school accidents which have been finalised inthe Courts over the last few months.

Allianz Schools Journal 01/18

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RISK MANAGEMENTLEGAL

a pupil who had an accident in the sciencelaboratory at school. At the time of theaccident the injured pupil was conducting ascience experiment in the company of oneclass mate in accordance with normal andtypical practice. The injured pupil was using apiece of glassware equipment known as apipette. The pipette is used to hold a specificand measured volume of liquid that is thenreleased in a slow and controlled manner bythe user. The pipette is filled by placing thepointed end into the required liquid andsucking the liquid into the pipette from theopposite end. This is done by the use of asimple vacuum pumping device at the end ofthe pipette to create suction. The injuredpupil was applying one of these devices at thetime of the accident. As he was fixing thepipette pump to the end of the pipette, thepipette shaft broke and part of the pipettewas driven into his left hand resulting in alaceration to an area at the base of his leftindex finger. The injured pupil was fullytrained in the use of the equipment and hadcarried out similar experiments prior to thisaccident happening. Liability was denied andthe case proceeded to a full hearing in theCircuit Court. The injured pupil gave evidenceand said he did not recall getting anyinstructions from the teacher and said thatthe teacher sat at the top of the class and wasnot walking around and was mostly behindher computer screen during the experiments.The teacher gave full evidence of the trainingthat the injured pupil had received includingconfirmation that the whole class received an80 minute induction at the beginning of termoutlining the dangers in the lab in handlingdelicate glass/hazardous chemicals, etc. TheJudge summed up that he felt the teacherwas utterly compelling in her evidence, shewas professional and he accepted she did givea full 80 minute induction at the beginning ofthe school year. He felt she could not havedone anything more and that it wasreasonable that a 16 year old could takeinstructions. He went on to state that it wouldbe ridiculous to expect teachers to be at theend of all benches in the science laboratory.“They don't have eyes in the back of theirheads” and in his view, the teacher did notbreach her duty of care and that she was

supervising with utter professionalism. Heregretted the injury sustained by the pupil butwas of the view that no negligence applied tothe school and he dismissed the claim.

Case 3 – Injury to pupil in school yardThis next case arises out of an incident in aschool yard when a 12 year old pupil was hitbelow the eye by the swing of a plastic cricketbat. The allegations against the school wereone of failure to provide adequate protectiveequipment, inadequate supervision andfailure to provide appropriate head gear. Theschool had organised an improvised cricketgame as part of active week. The childrenhad played this game before and the teachersconfirmed that all pupils knew their roles andexactly where to stand etc. There were 23pupils and 4 adult supervisors. The injuredpupil moved into an unsafe zone and wasstruck by the plastic cricket bat. As stated, thebat was made of plastic and there was norequirement to wear protective head gear inthe view of the supervising teachers. This is asimple game played in every school acrossthe country and a full defence was presentedon the basis of view that there was nonegligence on the part of the school and thecase proceeded to trial. The case ran in fullwith evidence provided by teachers, SNA’sand a sports consultant. Evidence confirmedthat the school ran an excellent sportsprogramme, was well supervised and staffedand that no negligence could accordinglyattach to the school. The Judge dismissed theclaim and awarded costs to the school.

Case 4 – Slip and fall injury sustained by aparent collecting her son from schoolThis last case involves a slip and fall wherein aparent was collecting her son from schooland was traversing the corridor from her son’sclassroom to the front door when she allegesshe was caused to slip and fall when her leftleg skidded to the right and she fell forward.The injured parent alleged that her slip andfall was due to the condition of the floor andthat the school had allowed a liquid to bepresent on the floor on the occasion inquestion. There were two witnesses to theparent’s accident and it was captured on aCCTV camera. One of the teachers was also

walking up the corridor from her classroomand witnessed the fall. The teacherconfirmed that she checked the floor to see ifit was wet or if there was anything else thatcould have caused someone to fall and was ina position to confirm that the floor was dryand free from any debris. The second witnesswas sitting at the entrance hall waiting for herdaughter to come out of the classroom andshe witnessed the fall. She confirmed that theparent who sustained the injury was walkingbriskly towards the main door accompaniedby a child and appeared to be wearing quitehigh heeled shoes. She also confirmed thatthe floor was not wet as she would haveinformed the Caretaker or the Principal if ithad been. Reference was made to a curvingblack stain on the floor surface at the locationwhere she fell and this was put forward as thereason for her slip. Engineering reportsconfirmed that the floor presented a low riskof slip when clean and dry. The case wasallowed to proceed to trial in the knowledgethat liability would be decided on the basis ofwhat evidence would be accepted by theCourt in relation to the state of the floor. Theschool were entitled to rely on their twowitnesses. The case was taken in the HighCourt and significant claims were made forloss of earnings together with generaldamages and costs. On the morning of thetrial an application was made by the injuredparent’s legal team for an adjournment astheir client was unwell. This was consideredto be a very late notification of this and in theabsence of a medical certificate was notsatisfactory. The Judge confirmed that shewanted to see the injured parent in Court thefollowing morning. The injured parent didpresent the following morning and was crossexamined by the school’s Senior Counsel inrelation to all aspects of her case and alsorelating to injuries sustained in a previousaccident and her claim for loss of earnings,etc. The Court broke for lunch and theschool’s legal team were approached andinformed that the injured parent wouldwithdraw her claim on the basis that she wasnot pursued for costs. This was a very goodoutcome from the point of view of the schooland it was agreed to allow the injured parentwalk away in the matter.

Why should I choose Allianzfor my school?✔Medical & dental expense benefits of

up to €50,000 for each✔No time limit for medical & dental

expense claims (once notified within 730 days of the insured accident)

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Cover you can rely on from the Insureryou know and trust.

We have had the Allianz Pupil Personal AccidentInsurance in our school for several years now. The24 hour cover is particularly good value with somany of our students involved in sport. Theparents that have had cause to use it were veryhappy with the process and thankful to have hadthe cover in place. We would highly recommend it.

Bunscoil Phádraig Naofa, Tuam, April 2018

Allianz Pupil Personal Accident Insurance providesour B.O.M with invaluable peace of mind. Thecover protects our school from potential liabilityclaims and parents from unforeseen medicalexpenses following an accident. The coverprovided is excellent value for money.

St Andrew's National School, Co Meath, April 2018

Allianz p.l.c., Allianz House, Elmpark, Merrion Road, Dublin 4, D04 Y6Y6, Ireland.Telephone: (01) 6133900, Fax: (01) 6133630Email: pupilpersonalaccident@allianz.ie Website: www.allianz.ie/schools

Allianz p.l.c. is regulated by the Central Bank of Ireland. Standard acceptance criteria and terms &conditions apply. Calls may be recorded. Information correct at 1st March 2018.

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