Are you familiar with the old legal mindset that viewed sexual harassment payouts through the lens of the "severity of the physical act"? For decades, the logic was simple (and flawed): a "minor" touch resulted in a minor payout, while "major" incidents led to larger settlements. But the legal landscape in Australia has shifted fundamentally….
Category Archives: Case Studies
The Importance of Positive Duty Compliance in the Mad Mex Case Case name: Magar v Khan [2025] FCA 874 In a landmark Federal Court decision, Ms Magar was awarded $305,000 in damages after experiencing persistent sexual harassment and victimisation while working at a Sydney Mad Mex franchise. This decision is significant because it reflects the…
Employer, Sydney Water, distributed a poster featuring a female staff member, constituting sexual harassment and discrimination Case name: Yelda v Sydney Water Corporation; Yelda v Vitality Works Australia Pty Ltd [2021] NSWCATAD 107 In 2023, the Fair Work Commission made a significant ruling in the case of Yelda v Sydney Water, and Yelda v Vitality…
Supermarket found vicariously liable for failing to adequately investigate employee’s sexual harassment claim Case name: Evans v Ikkos Holdings Pty Ltd and Ythos Holdings Pty Ltd and Ikia Holdings Pty Ltd T/As Pasadena Foodland and Crugnale [2019] SAET 222 A worker filed a sexual harassment complaint against the head chef at an Adelaide supermarket, Pasadena…
Record high damages were awarded to an employee in a Sydney store after her boss sexually harassed and victimised her Case name: Taylor v August and Pemberton Pty Ltd [2023] FCA 1313 In 2023 the Federal Court handed down a landmark decision awarding over $250,000 under the Sex Discrimination Act 1984 (Cth) to an employee…
Case Studies
Small Business Breaches Positive Duty: Vicarious Liability in Sexual Harassment Case | Case Study
Small business found to breach positive duty for not taking reasonable measures to prevent sexual harassment Case name: Oliver v Bassari (Human Rights) [2022] VCAT 329 In 2022, in a case before the Victorian Civil and Administrative Tribunal (VCAT), an employer faced legal consequences for failing to prevent sexual harassment in their workplace. They were…
The case of Richardson v Oracle Australia demonstrates that courts now award significantly higher amounts for damages for sexual harassment and discrimination cases than ever previously recorded. General damages compensate for hurt, humiliation and distress suffered by the victims of discrimination or sexual harassment. Ms Richardson alleged that she was the victim of eleven incidents…