Sexual harassment - Oracle worker wins appeal.

April 2013

Australia's Federal Court has awarded a former Oracle staffer $100,000 for general damages plus a further $30,000 for economic loss to compensate her for distress caused by sexual harassment from a colleague. 

In the case of plaintiff Rebecca Richardson, Oracle was ordered to pay her $AUD18,000 in damages after a colleague harassed her at least ten times. Oracle's handling of the incidents was found to be imperfect and, as the harassment was conducted by an employee, the company was vicariously liable. The court ruled Ms Richardson must pay her own costs, a decision the Judge remarked represented “A very high price to pay for her victory”. 

Ms Richardson had previously refused a settlement offer of $55,000 plus costs before the trial.  

Richardson decided to appeal and judgement in that case. 

The news is good for Ms. Richardson, as the decision reached by three judges increased the damages payable to $AUD130,000. Oracle has also been ordered to pay Richardson's costs, likely to run well into six figures. 

On Vulture South's reading of the case, the judges felt that the previous judgement did not properly compensate Richardson for the distress the incidents caused, especially as her post-harassment state of mind didn't do wonders for her sex life. The previous compensation was also felt to be an error by the judge. 

The appeal judges found Judge Buchanan had erred when assessing the extent of psychological and reputational damage caused to Ms Richardson, and the impact the case had in diminishing the sexual relationship with her partner. They also disputed the finding that Mr Tucker’s harassment had not been the cause of her leaving Oracle. 

In the leading judgment, Justice Kenny observed that:   

·            community standards now attach a higher value to compensation for pain and suffering and loss of enjoyment of life than before; 

·            damages awarded in Australian decisions outside the anti-discrimination legislation are significantly higher and a disparity has therefore developed in the amounts awarded; 

·            the general range for awards of sex discrimination and harassment claims is between $12,000 and $20,000 (with some notable exceptions); and 

this low level of damages runs “counter to the beneficial intent” of discrimination legislation (because it provides insufficient deterrent) and so impedes its social reform intent.     

see more:- http://www.austlii.edu.au/au/cases/cth/FCA/2013/359.html