Management & Employment Practices

 
We have a market leading National Employment Practice that has significant experience handling Management and Employment Practices Liability coverage and claims. There are a multitude of potential types of exposures businesses and their management can encounter in relation to managing a business. We help businesses manage those risks. Our market leading National Employment Practice has significant experience handling Management and Employment Practices Liability coverage and claims.

Our expert legal team advise clients nationally on Federal and state employment laws and the interaction between those legal regimes. The breadth and depth of our experience provides us with the capability and resources to promptly assess exposure and engage in early intervention. We can mobilise large teams at short notice to service large-scale litigation. Our project management skills and dedication to ongoing communication with all stakeholders drives the quality of the outcomes we achieve.

We assist clients nationally with claims, including unfair dismissal applications, general protections applications, discrimination and victimisation, sexual harassment, and alleged underpayments.

We act for insureds in the Fair Work Commission and Federal Circuit Court (both national jurisdictions), and state-based bodies that deal with local legislation such as Victoria’s VCAT (with respect to sexual harassment, discrimination and victimisation), the South Australian Employment Tribunal (with respect to underpayments, and the imposition of penalties for legislative contraventions) and the NSW Anti-Discrimination Board and NCAT (with respect to discrimination in the provision of services).

Experience

  • Acting for a global insurer in defence of an accessory claim against an SME professional adviser (employee advocate).
  • Acting for a large not-for-profit organisation investigating sexual harassment claims against the CEO and enabling an effective resolution.
  • Acting as coverage counsel for a large insurer as excess layer insurer of IOOF in their various Royal Commission related notifications.
  • Acting as coverage counsel for a large insurer in denying indemnity relating to employee theft.
  • Acting as coverage counsel in an ASIC investigation and prosecution arising from misleading and deceptive conduct in promoting financial products. This Insured notified late with a global lawyer acting at exorbitant hourly rates. Advising underwriters, we negotiated a policy reimbursement that was 50% of the insured’s total claim for indemnity.
  • Advising primary layer D&O insurers in respect of class actions involving Leighton Holdings.
  • Acting as coverage and defence counsel in relation to proceedings commenced by liquidators against the former directors and officers of Allco Finance Group.
  • Acting for a Fortune 500 company in a bullying/unfair dismissal application against an insured architect where the claimant brought multiple claims.
  • Providing coverage advice and defending alleged breach of general protections claims on behalf of a First Nations incorporated association.
  • Providing coverage advice and defending a sensitive claim by the former CEO of a DFV assistance provider.
  • Assisting the insured real estate agent/agency, in defending sexual harassment allegations in VCAT from a former employee. This matter is ongoing, and our approach is a balance between strongly defending the allegations raised and considering reasonable options for resolution given the potential adverse reputational impact the insured may suffer from such litigation.
  • Representing the insured at a conference before a Deputy President of the Fair Work Commission to assist the parties in informally resolving a dispute over alleged discrimination in the workplace. The Applicant ultimately agreed to resign from her role and release the insured from liability, in exchange for an ex-gratia payment.

Key contacts

Matthew Curll

Partner & Insurance National Practice Leader

Co-Head of Financial Services & Insurance

Matthew is a leading insurance lawyer and co-lead of the firm's National Financial Services + Insurance Industry Group.

Karl Rozenbergs

Partner & Co-Lead, Health & Community

Employment lawyer Karl Rozenbergs advises clients in adverse action claims, on negotiating enterprise agreements and much more.

Aaron has extensive employment and industrial relations law experience working with clients across a range of industries.

Sean has practised insurance law for over 30 years, with a focus on employment liability insurance litigation.

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