As workplaces continually evolve, so too do new risks and potential claims. Unfair dismissal, bullying and sexual harassment claims, statutory liability obligations of directors and managers, new whistleblower laws, and the potential impacts of the National Inquiry into Sexual Harassment are just some of the emerging employment risks impacting insurers, brokers, underwriters and insureds in today’s market.

To help you stay across this constantly changing landscape, below we provide recordings of our recent Sydney seminar where W+K’s EPL specialists shared their predictions, observations and lessons learnt for the insurance industry. If you have any questions on any of the topics covered in these videos, please contact our presenters or EPL Team Leader, Chris Mossman.

EPL trends for 2020

Chris Mossman
Partner & EPL Team Leader (Sydney)

  • Beyond unfair dismissal claims – developing sophistication of employment litigation and the use of non-traditional causes of action
  • Claim trends
  • Common mistakes made by insureds
  • The impact of the new whistleblower laws and lessons to be learnt from Adverse Action claims.

Misconduct dismissals – when will a badly-behaved employee win the case?

Caitilin Watson
Special Counsel (Sydney)

  • Does the employer have to consider the personal circumstances of the employee and their mental health?
  • What role do policies play and does the FWC take them seriously?
  • How can an employer prove an employees misconduct but lose the case?

Update on the National Inquiry into Sexual Harassment and potential impacts

Rebecca Pezzutti
Senior Associate (Brisbane)

  • Where are we at?
  • What can we expect?
  • High profile claims
  • What are the risks for insureds and potential impacts on EPL insurers?

Statutory liability of directors, managers and advisors under the Fair Work Act 2009

Bhrig Chauhan,
Special Counsel (Melbourne)

  • When will a director or manager be held personally liable for the actions of a company?
  • What are the potential outcomes that a director or manager faces and what are the implications for those persons and their EPL policy?
  • Identifying and minimising the risks of personal liability.