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ARTICLE · 19 DECEMBER 2023

Record high damages awarded for sexual harassment

Holding Redlich
Holding Redlich
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Summarises judgment in recent sexual harassment case & shares key takeaways for employers.

AustraliaEmployment and HR
Megan Cant
Megan Cant
Jamie Kim
Jamie Kim
Fiorella Chiavetta
Fiorella Chiavetta
Chloe Hamer
Chloe Hamer
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Australia's sexual harassment framework has been subject to significant law reform as part of the implementation of the Respect@Work report recommendations. Now, a new benchmark for general damages awards has been set in a recent Federal Court of Australia judgment in Taylor v August and Pemberton Pty Ltd [2023] FCA 1313. Boards and employers should be aware of this benchmark when considering their approach to the new positive duty to prevent sexual harassment in the workplace.

Our previous article summarised the recent statutory reforms, including the new positive duty and the Australian Human Rights Commission's (AHRC) expanded functions and powers. The final reform following the Respect@Work report recommendations has been introduced to Parliament, seeking to introduce costs protection against adverse costs orders for claimants in Federal sexual harassment claims. We are monitoring the progress of this Bill through Parliament.

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This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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