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ARTICLE · 27 OCTOBER 2014

Big increase in damages for sexual harassment

Cooper Grace Ward
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The Full Federal Court ordered that an employee's award of damages for unlawful sexual harassment be greatly increased.

AustraliaEmployment and HR
Belinda Winter
Belinda Winter
Annie Smeaton
Annie Smeaton
Tobey Knight (Formerly With Cooper Grace Ward)
Tobey Knight (Formerly With Cooper Grace Ward)
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The Full Federal Court in the recent decision of Richardson v Oracle Corporation Australia Pty Ltd [2014] FCAFC 82 ordered that an employee's award of damages for unlawful sexual harassment be increased from $18,000 to $130,000, stating that community standards required higher compensation.

In the initial decision, the employee was awarded $18,000 for pain and suffering and loss of enjoyment of life after the trial judge found the employer vicariously liable for its sales representative's sexual harassment of the employee. The unlawful sexual harassment, which occurred over several months, involved the sales representative making sexual comments and innuendo to the employee both privately and in front of colleagues.

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