Employment Practices Liability FAQ

Australian workplace relations have changed dramatically in recent years. Employees now have a wide array of rights, which has created a regulatory minefield for employers. They are burdened with a confusing set of obligations and run the risk of being tied up in lengthy and costly legal processes if they get things wrong.

Those that were previously able to get by without the benefit of specialist workplace relations advice really cannot do so anymore. Without robust employment policies, compliant contracts and expert advice, employers are left open to a variety of claims, including unfair dismissal, breach of contract, discrimination and harassment. 

These risks are real. In the past year, the number of unfair dismissal claims rose by 153% and discrimination claims by more than 50%. Every day, employers are being held to account for failing to comply with their workplace relations obligations, leaving them to face up to the consequences of problems that could easily have been avoided if they had taken the right advice at the right time

The following are Employment Practice areas you should be aware of:

Brisbane Workers backpaid more than $230,000

Single Complaint sparks $206,000 back payment - Cobblers Plus

Complaint leads to $305,000 back payment - Rentokill

Unfair Dismissal - A Bank's higher standards and performance management issues

Building site issue - employee or contractor?

Sham Contracting - What is it?

Unfair dismissal - An example

Discrimination - An Example

Breach of Confidentiality - An example

Wages Disputes - An example

Sexual Harassment - An example

Unfair Dismissal - Investigate the matter or else

Employsure - A Risk Management Solution

Teacher Bullies Student with Special Needs

How to behave at Work Part 1

Be careful of that hug

Offer re-deployment if available or face unfair dismissal

Employees losing their temper

Sexual Harassment - Pray for help!

Terminating Employees on Sick Leave

Damages for using a client list

Adverse Action and Pregnancy Discrimination

Improper Procedure but a valid dismissal

Resisting Performance Management - is dismissal justifiable

Sexual Harassment in the USA - $167 Million awarded

Sacked due to hair colour

Employer escapes Vicarious Liability for taking reasonable steps

Dismissal due to drug taking shown to be reasonable

Dismissal due to aggressive behaviour shown to be fair

Two year restraint can be enforced with reason

Muslim Woman wins $5Mil in Harassment case

Workplace Health & Safety and the use of Contractors

University Professor alleges discrimination

Breast Feeding Advocate alleges discrimation

Workplace Health & Safety issues - latest news July 2012

What is an Independent Contractor?

Latest News

D&O premium pool ‘must treble’ to return to profitability

A new report – called "Show Me The Money!" by insurer XL Catlin and law firm Wotton + Kearney – is the second in a series of three white papers on securities class actions and their impact on the Directors & Officers Liability (D&O) market. The main conclusion is that Directors’ and officers’ (D&O) insurance premiums are under-priced significantly and need to rise strongly to restore profitability. The main risk areas are those exposed to securities class actions, 

It says Directors & Officer's Side A, Side B and Side C cover has been chronically underpriced since at least 2011, while the frequency of class actions is increasing as more plaintiff lawyers and litigation funders enter the space.

The analysis suggests last year’s overall premium pool of about $210 million would need to increase by at least three times to establish a profitable market, if it is assumed all other factors stay unchanged.

“Recent market developments would indicate most D&O insurers are now endeavouring to restore some semblance of profitability to their portfolios after years of market losses,” the report says.

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75% of Cyclone Debbie claims settled

In the 6 months since Cyclone Debbie devastated Queensland and parts of northern New South Wales:

• more than 31,000 homes and business have been repaired or received settlements from their insurance company

• more than 20,000 families have had possessions replaced

• more than 4,500 motor vehicles have been repaired or new vehicles provided

• hundreds of local builders and trades have been working on properties to repair the damage and destruction caused by the cyclone

• over $5 million has been paid EACH DAY to assist local communities, residents and businesses.

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