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2015 HRPA LEGAL GUIDE
Andrew Zinman practices management-side labour and
employment law where he advises on labour relations board
proceedings. He also counsels clients on collective bargaining
and grievance settlements, and acts as an advocate in
arbitration proceedings.
§ LABOUR LAW: LABOUR LAW MANAGEMENT, EMPLOYMENT LAW MANAGEMENT, LABOUR RELATIONS MANAGEMENT,
LABOUR ARBITRATION MANAGEMENT, COLLECTIVE BARGAINING MANAGEMENT
KOLDORF STAM LLP
Simone Ostrowski
100 King St. W., Suite 5700
Toronto, ON M5X 1C7
Phone: (416) 915-4193
sostrowski@koldorfstam.ca
www.koldorfstam.ca
Simone Ostrowski is an associate with Koldorf Stam LLP. Her
practice focuses on all aspects of workplace law including
labour, employment and human rights. In addition, she has
extensive experience advising on Workplace Safety & Insurance
Act issues.
§ EMPLOYMENT LAW § LABOUR LAW § HUMAN RIGHTS § ADMINISTRATIVE LAW § WORKERS’ COMPENSATION
KOLDORF STAM LLP
Lisa Stam
100 King St. W., Suite 5700
Toronto, ON M5X 1C7
Phone: (416) 915-4193
lstam@koldorfstam.ca
www.koldorfstam.ca
Lisa Stam is a partner at Koldorf Stam LLP and practices in all
aspects of employment, labour and human rights law, with a
particular interest in cross-jurisdictional and global legal issues
and technology in the workplace.
§ EMPLOYMENT LAW § HUMAN RIGHTS § PRIVACY LAW § ADMINISTRATIVE LAW § PENSION & BENEFITS LAW
KOLDORF STAM LLP
Inna Koldorf
400 Applewood Cres., Suite 100
Vaughan, ON L4K 0C3
Phone: (905) 513-7792
ikoldorf@koldorfstam.ca
www.koldorfstam.ca
Inna Koldorf is a partner at Koldorf Stam LLP, where she
provides strategic advice on workplace-related issues including
employment, labour relations and human rights. Inna also
provides neutral workplace investigation services to employers.
Increasing workplace regulation, coupled with heightened employee
awareness of workplace rights and entitlements, has
exposed employers to an explosion of employment-related liability
from current, past and prospective employees. Whether
related to employment contracts, recruiting practices, human
rights, employment standards, class action, privacy, wrongful dismissal,
pay equity, workplace compensation, occupational health
claims, as well as errors and omissions in the management and administration
of human resources.
EPL INSURANCE – HOW DOES IT WORK?
WHAT TYPES OF CLAIMS ARE COVERED?
Depending on the policy, coverage may include damages for harassment,
wrongful termination, breach of contract and vicarious
§ EMPLOYMENT LAW § LABOUR LAW § HUMAN RIGHTS § OCCUPATIONAL HEALTH & SAFETY § WORKPLACE INVESTIGATIONS
and safety or labour relations – the list continues to grow.
The most effective way to minimize an employer’s risk is to have
tailored and effective workplace policies and practices, administered
liability claims brought by individuals against an organization.
Other employment-related claims such as negligent pension or
benefits administration are covered under more comprehensive
plans. Regulatory proceedings relating to occupational health and
safety charges or union issues (i.e., an application for certification,
grievances or unfair labour practices) are not typically covered.
WHAT COSTS ARE COVERED?
It’s standard for an EPL policy to cover damage awards as well as
the legal costs incurred or owing to another party. That said, it’s
possible to purchase insurance of legal costs only (not “damages”).
A “legal costs only” policy may provide an organization with the
GROSMAN, GROSMAN & GALE LLP
M. Catherine Osborne
390 Bay St., Suite 1100
Toronto, ON M5H 2Y2
Phone: (416) 364-9599
cosborne@grosman.com
www.grosman.com
Catherine Osborne practices in all areas of employment law
including wrongful dismissal, human rights, occupational
health and safety, workers compensation as well as labour law,
including construction.
by top-notch human resources professionals. However, while
good HR practices can go a long way to mitigate exposure, they
cannot eliminate them, nor can there be any guarantee a current,
former or prospective employee will not launch a claim or make an
allegation to which an employer must respond.
To further mitigate against the potential for legal risk, financial
cost, brand damage and drain on resources caused by a legal
claim, an employer may look to place employment practices liability
(EPL) insurance. EPL insurance offers protection against frivolous
§ EMPLOYMENT LAW : SEVERANCE PACKAGES § LABOUR LAW: CONSTRUCTION LABOUR RELATIONS, COLLECTIVE BARGAINING
§ HUMAN RIGHTS: HUMAN RIGHTS MANAGEMENT § OCCUPATIONAL HEALTH & SAFETY: OCCUPATIONAL HEALTH & SAFETY MANAGEMENT
Lightspring/Shutterstock.com
benefits
Employment Practices
Liability Insurance
WHAT’S IT ALL ABOUT?
By Stephen Shore
HRPATODAY.CA ❚ OCTOBER 2015 ❚ 41