Employment practices liability
Employment practices liability insurance policies provide organisations with general protection against claims made by employees. Our team provides comprehensive advice on these area of insurance to guard organisations from unexpected surprises.
Our team acts for insurers in relation to claims made by employees in a wide variety of employment‑related issues, including unfair dismissal and discrimination. Applying our expertise, we assist our clients to protect their interests and defend them in litigated and unlitigated employment disputes, including in the Fair Work Commission.
Matters in which our team has applied their expertise include:
- Advised a mining company wishing to terminate an employee on sickness benefits. The worker had been diagnoses with depression while holding an unrestricted explosives licence. We advised on risks due to injured worker provisions under state workers compensation legislation and adverse action provisions under the Fair Work Act. We guided our client through the termination process, leading to a successful resolution with no claim by the worker eventuating, apart from an existing workers compensation claim
- Represented an applicant within the advertising industry who had been discriminated against by her employer. The matter successfully settled via negotiation before litigation commenced
- Represented a production executive on a reality TV show terminated for alleged gross misconduct. We conducted the claim at common law for failure to pay reasonable notice in one jurisdiction, and a claim for discrimination in another jurisdiction. The claim settled at mediation for approximately half of the claimed amount plus apologies and references
- Advising an aboriginal legal service in relation to an unfair dismissal claim in the Fair Work Commission and appearing at a conciliation conference to settle the case
- Representing organisations in employment claims involving discrimination and allegations of bullying and harassment in various jurisdictions
- Acted for employers in relation to claims of unfair dismissal, sexual harassment and discrimination in the Fair Work Commission, Human Rights Commission and Federal Court.