Bold Law

Awards for sexual discrimination and other forms of discrimination have increased significantly in recent years. Prior to 2014, awards of compensation for non economic loss in sexual discrimination cases generally ranged from $5,000 to $20,000 at most.

The decision of Richardson v Oracle Corporation Australia Pty Ltd [2014] FCAFC 82 significantly increased the award for non-financial loss, caused by sexual discrimination.

In the case of Richardson, an award of $100,000 was ordered for non-economic loss because Richardson was forced to endure continuous sexual harassment at work over a period of 7 months, causing an adjustment disorder.

The Court in Richardson found that the award of $100,000 was justified because the trial judge had not originally compensated her for having to leave her employment and for the unlawful conduct affecting her sex life.

The Court also found that prior awards of compensation for non-economic loss, did not now accord with general standards in the community.

Non economic loss refers to compensation for hurt, humiliation and distress, often causing a psychological injury or psychiatric injury.

Recent awards of non-economic loss in discrimination cases

Please note that in nearly all the cases listed below, the claimants received additional compensation for loss of income, loss of superannuation and medical expenses. For example, in the case of Green listed below, whilst the Court awarded $70,000 for non-economic loss, when other heads of damages were combined, Green was awarded more than $150,000.

Richardson v Oracle [2014] FCAFC 82

Over a period of 7 months, Richardson was subjected to humiliating series of slurs and sexual advances. There were 11 main incidents found proved, none of which were physical. She was diagnosed with an adjustment disorder suffering for two years at most. Richardson was aware $100,000 for non economic loss.

Huntley v State of NSW, Department of Police and Justice (Corrective Services NSW) [2015] FCCA 1827

The Claimant had been discriminated against because of her disability . Over a 4 year period her pre-existing depression became a major depressive disorder. Huntley was awarded $75,000 for non economic loss

Collins v Smith (Human Rights) [2015] VCAT 1992

There were a series of incidents of sexual harassment at work by the complainants direct supervisor over a period of 3 months. The complainant left her job. The complaint was not fit for work, despite undertaking retraining. Collins was awarded $180,000 for non economic los plus $20,000 for aggravated damages.

STU v JKL (Qld) Pty Ltd and Ors [2016] QCAT

Complainant was aged 21 and was sexually assaulted in her bedroom whilst asleep. She suffered PTSD which continued for period of 4 years and she could not work over this period. STU was awarded $70,000 for non economic loss.

Green v State of Queensland, Brooker and Ors [2017] QCAT 008

The claimant was subjected to a sexually explicit prank in the school where he was cleaner. Green was led to believe by other cleaners that a sex romp had taken place between two teachers of the school and Green was the one responsible for cleaning the room. Green was awarded the sum of $70,000 for non economic loss.

Power v Bouvy and Bouvy v Power [2015] TASADT 2

The claimant was subjected to a tirade of homophobic abuse and threats on the telephone. The perpetrator rang back at least 18 times and on each occasion left messages that were offensive. The claimant suffered anxiety attacks and nightmares and was in fear of leaving his property. He was prescribed anti-depressants. Power was awarded the sum of $25,000 for non-economic loss.

Vicarious liability of the employer

If you have been subjected to discrimination by a person in the workplace, the law holds employers to a very high standard. In most cases, an employer will be held vicariously liable for the discrimination committed by an employee. It is very difficult for an employer to avoid a finding of vicarious liability in a discrimination claim.

Have you been discriminated against?

If you have been subjected to sexual discrimination, disability discrimination or some other form of discrimination in the workplace you are likely to be entitled to compensation.

Bold Lawyers will act for you on a no win, no fee basis. We offer free initial consultations and times that fit in with you, whether that be on weeknight, weekend or during the day.