ARTICLE · 30 SEPTEMBER 2008

Significant Damages Payout Plus Costs For Sexual Harassment Claim

Clayton Utz

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Anti-discrimination tribunals and courts are beginning to order more generous payouts

AustraliaEmployment and HR

Joe Catanzariti

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Key Point

Anti-discrimination tribunals and courts are beginning to order more generous payouts

Anti-discrimination tribunals are increasingly prepared to order generous awards for damages.

In the recent decision of Tan v Xenos (No 3) (Anti-Discrimination) [2008] VCAT 584 the Victorian Civil and Administrative Tribunal (VCAT) found that Dr Chris Xenos had sexually harassed Dr Caroline Tan in breach of anti-discrimination legislation. Dr Tan was awarded $100,000 in damages, considered significant in this jurisdiction.

In the associated ruling of Tan v Xenos (Anti-Discrimination) [2008] VCAT 1273, VCAT also ordered the Dr Xenos to pay some of the costs Dr Tan incurred in the lengthy proceedings.

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