Landmark decision continues trend of higher damages for sexual harassment

The Full Federal Court has confirmed its strong stance against sexual harassment in the workplace by appropriately reflecting society’s intolerance to such conduct. In this decision, the Court upheld the trial judge’s decision to award general damages of $120,000 and aggravated damages of $50,000. In this article, W+K’s Raisa Conchin and Manja Lalovic examine this […]

Triangular arrangements recognised – the Employment Relations (Triangular) Amendment Act 2019

Triangular employment relationships have always been legal in New Zealand but have been criticised for being easily abused and for leaving workers without legal remedies. Addressing these concerns, The Employment Relations (Triangular) Amendment Act 2019 comes into effect on 27 June 2020. It updates the Employment Relations Act 2000 to provide more robust protections for […]

Big compensation for the “difficult” employee and landmark decision on ‘permanent casuals’

There have been two recent decisions that will affect EPL insurers – Tran v. Macquarie University and Workpac v Rossato. The significant damages award of $614,000 in Tran highlights the significant risk associated with taking an adverse action against an employee who has made complaints. The Workpac decision is a landmark judgment that will have […]

COVID-19 Resource Centre

Wotton + Kearney is committed to keeping our clients informed of the insurance and broader business implications of the coronavirus outbreak. With senior insurance law experts across major policy types and market sectors, we are well placed to provide advice and tailored support in product lines and claims areas we specialise in. On this page […]

JobKeeper legislation – new risks for EPL insurers

The new JobKeeper legislation, which was passed by the Federal Government on 8 April 2020, confers an extraordinary amount of flexibility on employers to restructure their workforce during the coronavirus crisis.  However, with these new opportunities for employers come a range of new risks. In this article, W+K EPL specalist Chris Mossman explains the issues […]

EPL trends, developments & risks – seminar recording

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 […]

Fair Work Commission releases first substantive COVID-19 decision

On 6 April, the Fair Work Commission handed down its first substantive decision regarding the COVID-19 crisis in Australian Municipal, Administrative, Clerical & Services Union v Auscript Australia Pty Ltd. Its finding that Auscript had breached its consultation obligations is not good news for employers seeking to implement rapid changes to their workforce. In this article, W+K […]

Lockdown – what the Wage Subsidy Scheme means for NZ employers

The NZ economy has been severely hit by the impacts of the coronavirus, with many businesses now in lockdown. The Government has responded with a COVID-19 Wage Subsidy Scheme to help businesses and affected workers in the short-term, as they adjust to the initial impact of COVID-19. For employers, the COVID-19 Wage Subsidy Scheme comes […]

A practical guide on managing EPL exposures caused by COVID-19 for insurers, insureds and brokers

The coronavirus (COVID-19) is having a significant and immediate impact on the entire workforce. Unfortunately, there are daily stories of mass redundancies, closures of businesses and stand down of workers. This guide provides practical advice for EPL insurers, insureds and brokers on how they can meet the insurance challenges created by the virus. W+K EPL […]

COVID-19: Implications for insurers – A Legalign Global Report

The significant impact of the coronavirus pandemic is being felt worldwide. For the insurance sector, the exposures created by the coronavirus are significant as an international event of this size and complexity carries a range of insurance risks, including first party and supply chain business interruption, event cancellation, travel and liability claims. Legalign Global’s alliance […]