Complaint outcomes

It is up to the complainant and respondent to agree on the outcomes. The conciliator can assist them to resolve the complaint. We can make suggestions, but do not decide outcomes.

Outcomes from a conference vary. Common outcomes to resolve complaints include:

  • making an apology;
  • paying compensation for hurt feelings and lost wages;
  • organising training in the workplace so that everyone understands their rights and responsibilities.

There is no maximum compensation under law. Parties can agree on any lawful outcome that helps resolve a complaint.

Damages to reflect community standards

The Full Court of the Federal Court decision in Richardson v Oracle [2014] FCAFC 82 found that the previously accepted range of damages for pain and suffering and non-financial losses in sexual harassment and discrimination cases may be manifestly inadequate, judged by reference to prevailing community standards.

The damages for pain and suffering in that case were increased from $18,000 to $100,000.

Related links - complaint outcomes