We have previously commented on the sexual harassment case of
Richardson v Oracle Corporation.
Our previous alert concerned the importance of employers having
up-to-date and robust anti-discrimination and anti-harassment
policies which take direct account of Australian legislation.
Ms Richardson proved her case, and had been awarded damages for
non-economic loss and damage, essentially "pain and
suffering" and "loss of enjoyment of life" of
$18,000. This was within the "standard range" of
$12,000-$20,000 for such damages, well established in previous
discrimination cases. There had been larger awards of damages,
$90,000 - $100,000, in cases where the complainant could prove
substantial and demonstrable psychological or medical problems
arising from the harassment, but these cases were outside the more
common run of cases where the "pain and suffering" and
"loss of enjoyment of life" components fell short of that
level.
