ARTICLE · 28 DECEMBER 2015

Non-economic loss: Courts re-evaluate damages awards

Sparke Helmore Lawyers

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Courts and tribunals appear willing to consider more substantial awards for noneconomic loss in discrimination cases.

AustraliaEmployment and HR

Catherine Wilkinson

Matthew Parker (Formerly With Sparke Helmore Lawyers)

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Non-economic loss: Courts re-evaluate damages awards

A trend is emerging a year on from the landmark Richardson v Oracle Corporation Australia Pty Ltd [2014] FCAFC 82 (Oracle) decision. Courts and tribunals appear willing to consider more substantial awards for noneconomic loss in discrimination cases. The principles set down in Oracle are also flowing into the calculation of damages for other types of claims where non-economic loss is relevant.

In mid-2014, the Full Federal Court handed down the Oracle decision and made a clear statement, that the previous approaches taken by courts and tribunals for calculating noneconomic loss awards in sexual harassment and sex discrimination cases needed to be re-evaluated.

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