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Employment Practices Liability

South Africa regrettably is known for a relatively active labour environment. There are over 200 000 cases reported to the CCMA and Bargaining Council’s each year with the vast majority of these cases being for unfair dismissal.

Employment practices liability insurance, known in the trade as EPL insurance or EPLI, provides coverage to employers against claims made by employees alleging discrimination (based on sex, race, age or disability, for example), wrongful termination, harassment and other employment-related issues, such as failure to promote.

Function of the Employment Practices policy

Covers the business for the legal costs and awards associated with allegations of unfair labour practises:

  • Unfair dismissal (including constructive dismissal and automatically unfair dismissal)
  • Defamation
  • Sexual Harassment
  • Discrimination
  • Unfair retrenchment (where the lesser of 20% of the workforce or 50 staff are affected)

Main Exclusions:

  • Fines and Penalties
  • Punitive Damages
  • Liquidated Damages
  • Willful breaches of procedure
  • Contractual Breaches
  • Strikes

Insured through Santam

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