The critical role of decision makers in adverse action claims

The recent Full Federal Court of Australia decision, Australian Red Cross Society v Queensland Nursing Union of Employees [2019] FCAFC215, serves as a timely reminder of the importance of “decision maker” evidence in adverse actions claims. In this update, Wotton + Kearney’s Chris Mossman and Lisa Schumacher look at employers’ exposures around decision makers and ways […]

NSW outlaws insurance for WHS penalties

The NSW Government will be the first state government to outlaw insurance for WHS penalties when the Work Health and Safety Amendment (Review) Bill 2019, which is currently before the NSW Parliament, becomes operative. The legislation is expected to come into effect early next year. The proposed Bill sets out three new offences regarding insurance for […]

Wotton + Kearney recruits national EPL practice leader

Wotton + Kearney is pleased to announce the appointment of Chris Mossman, a highly regarded workplace lawyer and commercial litigator, as a Partner and new leader of the firm’s Employment Practices Liability (EPL) practice, based in Sydney. Cain Jackson, leader of the firm’s Financial Lines practice commented: “In looking for a senior specialist to lead […]

W+K APIG Scholarship – Submissions now open

Submissions are now open for both the Australian and New Zealand 2019 W+K APIG Scholarships. Established to support the career development of insurance professionals practising in PI and financial lines insurance in each country, the recipients will benefit from an outstanding sponsorship package and educational experience as recognition for their contribution to the industry. Full […]

Employee Class Actions: New claims in the flexible employment economy

The gig economy is reshaping employee class actions, with recent decisions classifying independent contractors and casual workers as employees. Historically, employee class actions were the monopoly of the union movement. But with the waning of union membership and influence, and the rise of the gig economy and large numbers of casual workers, litigation funders are […]

#MeToo is not over: sexual harassment claims to stay in the spotlight in 2019

Claims for sexual harassment have risen significantly in Australia during the past year, and they will keep rising. The recommendations from the National Inquiry into Sexual Harassment in Australian Workplaces could mean new claim types emerge. A rise in claims, combined with the renewed focus on sexual harassment, will cause businesses to increasingly take out […]

Insurance for WHS fines – will they soon be prohibited?

Are fines appropriate penalties to deter companies and directors from breaching WHS laws when they can be indemnified by their insurers? Should insurance policies that cover these monetary penalties be made illegal and void? At the moment, companies and directors are able to insure against the risk of fines for breaches of WHS laws, however […]

Report reveals rise in sexual harassment – support pack for businesses

Last week, The Australian Human Rights Commission released its fourth survey on the prevalence, nature and reporting of sexual harassment in Australian workplaces and the community. The results were not good, with one in three of the 10,000 Australians surveyed saying they had been sexually harassed at work. New data from the AHRC also shows […]

Balancing contractual intention and legislative rights: The case of the peripatetic pilots

As published in the November 2017 issue of Law Talk, the official magazine of the New Zealand Law Society. Wotton + Kearney’s Auckland Partner Rebecca Scott and Solicitor Ines Shennan review the Supreme Court of New Zealand’s decision involving the termination of employment of two pilots on the grounds of retirement age in Brown & […]

Duty of care: new laws in Victoria for organisational child abuse

From 1 July 2017, a child abuse victim in Victoria will be able to avoid many of the historical impediments that would have previously prevented them from seeking legal redress. New laws have been passed in Victoria that impose a new duty of care on organisations exercising care, supervision or authority to take “reasonable precautions” […]