Management Liability

Employee Practices Liability

Who: Clothing retailer with 200 staff and $60M turnover

What Happened: Two former employees lodged complaints with the Australian Human Rights Commission alleging sexual harassment and sexual, racial, age and religious belief discrimination by their manager. Allegations were also made against the Company for failing to provide a safe work environment free of discrimination, harassment and bullying. 

Outcome: The matter settled for $63,000 with legal defence costs totalling $30,000

Statutory Liability

Who: Manufacturer with $32M turnover

What Happened: An employee injured onside whilst operating machinery resulting in a finger being amputated. A few months later a second incident resulting in a worker being injured. WorkSafe investigated and issues proceedings against Company and Directors for alleged breaches of OH&S Act 2004.

Outcome: The Insured was found to have breached the OH&S Act. The company was fined $98,000 and Director fined $26,000 & DUAL paid $150,000 in defence costs. 


Who: Catering Company with $8M turnover and 25 staff

What Happened: The company noticed insufficient funds to pay creditors and after engagement of an expert accountant, identified duplicate payments and account anomalies. After dual authorisation was obtained to pay suppliers, an employee changed the account details to her own. Further investigation revealed the employee had a history of fraud and that no background or police checks were conducted prior to her employment. 

Outcome: DUAL engaged a fraud investigator to quantify the loss and establish how it occurred. DUAL reimbursed the $500,000 loss to the Insured, plus fraud investigators costs of $30,000. 

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