Management Liability Insurance

The insured was managing a building site where two employees were undertaking demolition from a height in an excavator bucket. The excavator bucket detached from the excavator and fell onto the concrete slab below, causing the workers to also fall onto the concrete slab. The workers sustained serious injuries as a result. Safework commenced proceedings against the insured alleging that they failed to provide a safe work environment by failing to ensure the employees or contractors were standing on a safe structure when conducting the work. 

The insured is a retailer selling fitness equipment and the claimant was employed as a casual employee working in the warehouse department. The claimant alleged that at a staff Christmas party they were sexually harassed by the insured’s CEO. The Christmas party was held after hours at a function centre where alcohol was available and it was alleged that the CEO made unwanted advances towards the claimant. 

Insured is a fresh food supplier who purchases produce directly from growers and on-sells to customers. An employee stole and sold the produce by way of concealed transaction with retail distributor. The employee was hiding the transactions by deliberately not entering relevant information in the insured’s sales management system. 

The claimant had been the Managing Director of the Insured. Following termination of the claimant's employment, the claimant filed a General Protections Application (Dismissal) with the Fair Work Commission against the insured alleging they had breached the claimant's employment contract by failing to appoint the claimant as CEO and failing to pay agreed remuneration and incentives. Further, it was also alleged that the insured had taken adverse action against the claimant (by terminating employment) in response to the claimant exercising a workplace right (making a complaint about the alleged breach of contract). 

The insured is a radio frequency technology company. The claimant, an employee of the insured, was employed as a technician for a number of years. This employee alleged underpayment of wages as the role was incorrectly classified and therefore the employee had been underpaid for the duration of employment. The employee alleged that the insured took adverse action against the employee (resulting in dismissal) in response to exercising their workplace right to make a complaint or enquiry referable to their employment. 

The claimant was employed as a full-time employee in the warehouse department of the insured. The claimant had a six-month probation period. The insured terminated the claimant’s employment before the probation period was completed, citing performance issues. The claimant made a general protections application to the Fair Work Commission alleging that, while employed by the insured, the claimant made various complaints concerning alleged underpayment of wages, safety hazards and bullying. The claimant alleged they were dismissed by the insured because of those complaints. 

An ATO audit of the insured’s tax affairs for the 2020 and 2021 income years and for the 2019 to 2021 tax periods was conducted. 

A delivery driver for a transport company collaborated with a warehouse manager of the claimant to misappropriate $75,000 worth of tyres from the claimant’s warehouse over time. The employee of the insured collaborated with the employee of the claimant to enact theft of numerous tyres over the course of many years.