prepared to respond to a claim of workplace abuse, whereas an organization
without a policy may struggle to avoid expensive and
potentially embarrassing litigation.
In the interest of consistency across an organization, some employers
will have an “employee handbook” to address aspects of the
employment relationship, such as core values, workplace rules and
practices, hours of work, leaves, social media, use of confidential information
and workplace conflict resolution, to name a few. This is
especially important if these matters are not addressed in individual
written employment contracts. A handbook should create clear
expectations with the effect of minimizing misunderstandings or
disagreements leading to claims.
While there are distinct advantages to EPL insurance coverage,
the decision should be made based on an organization’s size, risk
profile, management structure, public image and other unique
circumstances impacting its ability to bear the cost, impact and
management of employment-related claims.
That said, and whether or not insurance is purchased, there are
several pro-active steps an organization can take to reduce its risks
of employment-related claims. These are steps every organization
can and should take to best position itself for conflict. While EPL
insurance can be a good strategy for mitigating the risk of legal
claims, it is not a substitute for robust workplace management. n
Stephen Shore is a lawyer with Sherrard Kuzz LLP.
Professional Development IT PAYS TO KNOW
Mark your calendar for
With more than 190 federal
and provincial regulations
and changes each year,
staying payroll compliant
is one of the biggest
challenges employers face.
Marty S., CPM - Member GTA Region
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Stay Current Stay Compliant
44 ❚ OCTOBER 2015 ❚ HR PROFESSIONAL