Significant Increases in Damages Awarded by Courts in Sexual Harassment, Discrimination and Adverse Action Claims
Thursday 28 August 2014
/ by Robin Young
posted in
Workplace Relations
Two recent judgments of the Full Federal Court and Federal Circuit Court have resulted in awards of significant damages to employees in cases involving claims of sexual harassment, discrimination and adverse action (Richardson v Oracle Corporation Australia Pty Ltd; Sagona v R & C Piccoli).
The prevailing trend in recent times has been for courts to adopt a cautious approach when fixing damages in such cases, typically awarding between $12,000 and $20,000. However, a full Federal Court has awarded an employee $130,000 in damages and the Federal Circuit Court awarded an employee over $235,000 in damages and penalties, marking a significant shift away from low awards of damages.
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