Damages increasing for established sexual harassment claims

The damages awarded to applicant’s who successfully establish sexual harassment in the workplace are substantial, and rapidly rising.    

The Victorian Civil and Administrative Tribunal (VCAT) recently awarded $150,000.00 in general damages to the applicant, an employee of a beauty therapy business who had been subjected to sexual harassment by a co-worker over a period of 11 months. This sexual harassment culminated in the applicant being sexually assaulted by that co-worker.

The employer was held vicariously liable for the behaviour of the co-worker, with VCAT finding that they had not taken reasonable precautions to prevent the sexual harassment.

Damages were awarded on the basis that the employer did not take reasonable and proportionate measures to eliminate discrimination, sexual harassment or victimisation.

As we have discussed in previous articles, it is simply not enough to have a policy in place. This case is a good example of how despite having a policy in relation to sexual harassment in place, the employer failed to ensure that it was read and understood or provide regular training in relation to it. Key actions that employers can take include:

• ensure that you have a sexual harassment policy in place, keeping a record that employees have read and understood the policy;

• conduct regular sexual harassment training, keeping a record of employee attendance; and

• make sure your sexual harassment reporting and complaints handling policies and procedures are up to date and reviewed regularly.

If you are interested in learning more about what steps can put in place to help prevent sexual harassment, come and join Edge Legal’s designated sexual harassment training program.  Our full day training addresses the technical aspect of sexual harassment and practical prevention measures to put into place for your particular workplace. Click this link to sign up.  Places are limited.

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