Australia: Employer liable for psychiatric injury arising from supervisor’s creepy caravan park detour HG Insurance and Risk Alert: 5 March 2015

The Industrial Relations Commission (IRC) accepted that a female traffic control employee sustained a psychological injury arising from sexual harassment by her supervisor during a car trip.
Facts
On 13 September 2013, Ms Davy (the worker) alleges that her supervisor Mr Mullins (the supervisor) asked her to accompany him on a “monitoring” trip in his vehicle.

The worker said she became distressed when the supervisor missed the exit and refused to advise where he was taking her.

The […]

By | March 14th, 2015 ||

Canada: Duty To Accommodate: If Only We Knew Back Then What We know Now. Actually, We Did And The Complaint Should Have Been Dismissed A Long Time Ago

IBM moved to have this complaint dismissed at a preliminary stage because of the Commission’s delay in bringing the complaint forward for many years after it was first brought to IBM’s attention.  I had reason in dealing with that motion to review the correspondence at the early stages of the complaint, and in particular the responses to the complaint provided by IBM’s corporate counsel.  I was impressed then by these responses … I can […]

By | March 13th, 2015 ||

United States: New York Attorney General’s Proposal Furthers A Trend Toward Greater Incentives For Whistleblowing And Greater Risks For Corporations

Last week, New York Attorney General Eric Schneiderman announced his proposed “Financial Frauds Whistleblower Act,” which would provide compensation to whistleblowers who report fraud in the banking, securities, insurance, and financial services industries. Modeled after the federal Dodd-Frank whistleblower provisions, Attorney General Schneiderman’s proposal would give whistleblowers 10 to 30 percent of certain state fines that exceed $1 million. Because New York regulatory and enforcement agencies have brought enormous and far-reaching enforcement actions in […]

By | March 13th, 2015 ||