Sexual harassment case studies
Warning: These are real life examples and contain language and content which may offend.
These sexual harassment case summaries are grouped into two categories: court and tribunal decisions, and conciliated outcomes.
- Sexual harassment: summaries of court and tribunal decisions
- Sexual harassment: summaries of conciliated outcomes
Court and tribunal decisions are made after all the evidence is heard, including details of loss and damage. The full text of court and tribunal decisions is available from:
Conciliated outcomes are where the parties have reached an agreement through conciliation at the Queensland Human Rights Commission.
Court and tribunal decisions
Sexual harassment of neighbours
Type of outcome | Queensland Civil and Administrative Tribunal Decision |
Contravention | Sexual harassment |
Outcome | Upheld |
Compensation | Respondent ordered not to commit further contraventions of the Anti-Discrimination Act 1991 |
Year | 2022 |
Summary The complaint was substantially about:
The tribunal found that these events did happen, and then considered whether they constituted sexual harassment. The tribunal noted that the prohibition on sexual harassment in the Anti-Discrimination Act 1991 (the Act) is not constrained to particular areas and can apply to all facets of life. The tribunal found that the use of the term The tribunal found that the comments and the music played clearly had a sexual connotation, and that they were made with the intention of offending and humiliating the men. The tribunal said that the term is demeaning in the context of sexuality, and that a reasonable person would anticipate that the conduct would be offensive to the men. Accordingly, the tribunal considered that the conduct amounts to sexual harassment that is prohibited under the Act. The men did not particularise, identify, or quantify any damage caused by the sexual harassment, and the tribunal noted that the neighbour had relocated residence, and that the men had committed acts of retaliation. Due to the great animosity between the parties, the tribunal considered an apology would be insincere and accordingly it was not appropriate to order either a private or public apology. Fitz-Gibbon & Park v Liu [2022] QCAT 259 (12 July 2022) |
Work withheld because sexual advances rejected
Type of outcome |
Queensland Industrial Relations Commission decision and Industrial Court of Queensland (appeal on quantum) |
Contravention | Sexual harassment; Discrimination |
Attribute | Sex |
Area | Work |
Outcome | Complaint upheld |
Compensation | $158,702.60 |
Year | 2021 |
Summary The sexual harassment included inappropriate touching of the woman’s bottom and legs, forcing the woman to touch the man’s genitals, asking for massages, repeated requests for sex, and explicit text messages. The tribunal referred to the conduct as The man claimed that the woman would stick her bottom out when he had to get past her when she was folding laundry, and it was a game between them. He also claimed that the text messages and sexual references were just Eventually the woman reported the behaviour to the police, and the police advised her not to return to the workplace due to fears for her safety. She also lodged a successful claim for workers’ compensation. A criminal matter was commenced in the District Court, however part way through the hearing the prosecution elected not to pursue the matter. The tribunal found that the conduct constituted both sexual harassment and sex discrimination. However, the tribunal considered the withholding of work was not victimisation within the meaning of section 130 of the Act. The tribunal considered that the man withheld paid work because the woman rejected his advances, and not because he thought she had made, or intended to make, allegations or commence or be involved in proceedings against him. As to compensation for loss or damage, the tribunal said it involves several considerations:
The tribunal said that foundationally, damages are awarded as compensation, rather than to punish, and consideration of community standards is relevant to the monetary value attaching to the intangible losses suffered by a complainant. In assessing general damages, the tribunal considered cases under the Sex Discrimination Act 1984 (Cth), including the decision of the Full Court of the Federal Court in Richardson v Oracle and the decision of the Federal Court in Hill v Hughes (upheld on appeal), as well as the Queensland QCAT decisions in Green v State of Queensland and STU v JKL (Qld) Pty Ltd . The tribunal considered the following steps relevant to answering the question
In this case there was medical evidence that the woman experienced anxiety, and she felt unsettled and easily agitated. She became short-tempered and her sleep became erratic, and she commenced a course of antidepressant medication. The woman was diagnosed with Adjustment Disorder and Mixed Anxiety and Depressed Moods, arising as a consequence of the workplace sexual harassment. On appeal against the tribunal’s assessment of the amount of damages, the Industrial Court said the conduct of the man was extremely serious, tormenting the woman over a period of 14 months. The only reason the woman tolerated the The Industrial Court set aside the tribunal’s awards for damages, and awarded a total of $130,000 for general and aggravated damages. Loss of income was reassessed to the date of hearing at $28,702.60. Golding v Sippel and The Laundry Chute Pty Ltd [2021] QIRC 74 (9 March 2021) Golding v Sippel and The Laundry Chute Pty Ltd [2021] ICQ 14 - appeal (6 August 2021) |
A prank was sexual harassment
Type of outcome | Queensland Civil and Administrative Tribunal decision |
Contravention | Sexual harassment and victimisation |
Outcome | Complaint upheld |
Compensation | $156,051 |
Year | 2017 |
Summary It was undisputed that the setting up of the room was conduct of a sexual nature. The tribunal found that because the prank was directed at the cleaner, the conduct was The tribunal found it was also sexual harassment of the cleaner when the male co-worker invited him to sniff the boxer shorts, and when that co-worker informed staff in a nearby shop of the prank. The tribunal found the cleaner had been victimised after complaining of sexual harassment. The male co-worker had pretended to photograph or video the cleaner when he was at the school, and had gestured with his middle finger to the cleaner's wife and children at the school. The cleaner suffered an acute anxiety state because of the prank, and within a month he was unable to work. He suffered an adjustment disorder with anxiety and depression, and his psychological condition developed into post-traumatic stress disorder. His condition caused problems sleeping and concentrating, fatigue, rapid heart rate, trembling, obsessive thinking, eating and stomach problems, compulsive behaviours, bouts of crying, depressed mood, and feelings of hopelessness and anxiety. He was unable to work for two years, and was then only able to return to part-time work. The tribunal considered he would be unable to return to full-time work for a further two years. The tribunal discussed at length how QCAT should assess damages in light of the 2014 decision of the Full Court of the Federal Court in Richardson v Oracle . The tribunal stressed the importance of consistency in awards, particularly as required under the QCAT Act. The tribunal also examined the six cases where Richardson has been cited in other Australian jurisdictions. That examination shows that although there have been some increases in the level of awards, those increases have not been nearly as dramatic as in Richardson itself. The tribunal concluded that where there is a recognisable personal injury, the tribunal should continue the approach of consistency with Queensland court awards in personal injury cases. However, where there is no recognisable personal injury and therefore no comparable Queensland awards, the tribunal can be influenced by Richardson to increase its level of awards, if it is appropriate to do so. When considering previous awards, those awards should be adjusted for inflation. Advocates would assist the tribunal in adjusting previous awards for inflation when citing them. The tribunal also determined that interest on non-financial loss should be awarded unless there is a proper reason for not doing so, though not at a commercial rate. The tribunal awarded $156,051, made up of:
Green v State of Queensland [2017] QCAT 008 (10 January 2017) |
Severe personal injury from sexual harassment
Type of outcome | Queensland Civil and Administrative Tribunal decision |
Contravention | Sexual harassment |
Outcome | Complaint upheld |
Compensation | $328,316.10 |
Year | 2016 |
Summary The woman's employer had arranged for her to share the work-provided accommodation with the man. They each had their own room, and the woman had moved in the night before the sexual harassment. The woman was unable to take up her new job as planned, and she suffered post-traumatic stress disorder and depressive symptoms. She was unable to work from the incident (which happened on 1 December 2012) until March 2015. The tribunal found that the personal injury to the woman caused by the sexual assault on her was severe and prolonged. Issues the tribunal considered and decided included whether the sexual harassment occurred in the course of the man's employment, the credibility of the woman and the extent to which the sexual harassment caused her injuries, and how damages should be assessed. The tribunal awarded compensation of $328,316.10 made up of:
From the total of $328,316.10, the amount paid in settlement of a personal injuries claim was deducted, leaving an award of $313,316.10. STU v JKL (Qld) Pty Ltd [2016] QCAT 505 (6 December 2016) |
Effects of sustained sexual harassment at work
Type of outcome | Queensland Civil and Administrative Tribunal decision |
Contravention | Sexual harassment |
Outcome | Complaint upheld |
Compensation | $102,217 |
Year | 2013 |
Summary For five months the woman was subjected to personal comments, questions, noises, and gestures — all of a sexual nature — on a daily basis and throughout each shift. When the male co-worker inadvertently saw a picture of the woman's breasts on her phone, for the rest of the day he made comments and sucking noises and rubbed the stop/slow stick on his groin area while sticking out his tongue. The woman tried to work the next day but couldn't cope, and she resigned that night. She experienced an emotional breakdown which became a Major Depressive Disorder. The tribunal found that the sexual harassment was a substantial cause of the woman's condition, the effects of which would continue over a period of three years, including an inability to work. The tribunal awarded compensation of $40,000 for non-financial damages, and $102,217 overall. The settlement amounts paid by the two companies and any lump sum payment for permanent impairment by WorkCover would be deducted from the total award. In the reasons for the decision, the tribunal discussed the coping mechanisms and decisions of women subjected to unwanted sexual comments in male-dominated workplaces. While the ideal course would be for the woman to make it clear that the comments are unwanted, and then if they continue, to complain to management, the tribunal recognised that this is not always practical, especially if the employer is unlikely to be supportive, and if making unsubstantiated allegations is regarded as a disciplinary matter. In this case, the woman's way of dealing with it was to go along with the banter to some extent, and hide her true feelings in the belief she could cope with the harassment. She was committed to her job and did not want to jeopardise it by reporting the sexual harassment. In the end, the woman could not cope and this resulted in greater damage to her. Nunan v Aaction Traffic Services Pty Ltd [2013] QCAT 565 (14 October 2013). |
Employer responsibility to provide harassment-free workplace
Type of outcome | Queensland Anti-Discrimination Tribunal decision |
Contravention | Sexual harassment |
Outcome | Complaint upheld |
Compensation | $24,425 |
Year | 2009 |
Summary The alleged sexual harassment included kissing, touching her breasts and leg, persistent requests to have a drink outside work hours despite an ongoing refusal, asking for cuddles, telephoning her at home, and making repeated unsolicited sexual remarks. The complainant reported the sexual harassment to her supervisor, but initially asked to be allowed to handle it herself. The supervisor granted her request and did not take any action until the formal complaint was made. The tribunal found that, even in these circumstances, the employer was vicariously liable for the acts of its employees. It found the employer has an overriding responsibility to provide a workplace free from harassment, and that the wishes of complainants are secondary to this responsibility. Allegations of sexual harassment against another employee and claims of victimisation were dismissed. The complainant was awarded damages of $24,425 which included general damages and economic loss. KW v BG Limited, DP & DF [2009] QADT 7 (21 April 2009) |
Sexual harassment case not made out
Type of outcome | Queensland Anti-Discrimination Tribunal decision |
Contravention | Sexual harassment |
Outcome | Complaint dismissed |
Compensation | Not applicable |
Year | 2002 |
Summary She based her complaint on a series of incidents alleged to be sexual harassment. These included: statements of a sexual nature to and about her: Mr Tuck admitted he was attracted to Ms Shepherd, but said it was she who made advances to him and that she proposed a relationship. He countered the allegations with other claims. These included Ms Shepherd introducing herself by kissing him on the neck, not voicing any objection to shared accommodation, referring to herself as a slut, and dressing scantily in his presence. Mr Tuck argued that Ms Shepherd's employment was terminated because of her inappropriate conduct while representing the company, her lack of capacity to do the tasks, and inadequate workplace performance. Examples included giving out company business cards to males in whom she was interested, making a serious error in a ship's manual and instead of correcting it as asked, going to Outcome: Member Pagani found that neither party was In terms of Mr Tuck's desire to have a relationship with Ms Shepherd, it was found In summing up, the Member said |
Conciliated outcomes
Man sexually harassed in administrative role
Type of outcome | Conciliation |
Contravention | Sexual harassment |
Outcome |
Financial compensation Confidentiality clause |
Compensation | $70,000 |
Year | 2020–2021 |
Summary The respondents denied sexual harassment had occurred and alleged the complainant was involved in the ongoing jokes and banter. The complaint resolved by payment of $70,000 compensation and a confidentiality clause. |
Sexual harassment at work drinks including rape and alleged victimisation
Type of outcome | Conciliation |
Contravention | Sexual harassment |
Outcome | Compensation |
Compensation | $135,000 |
Year | 2019–2020 |
Summary The complainant was part of a service delivery team, one of a number of teams under the purview of the individual respondent who held a senior position in the company. The complaint alleged that during one of their monthly after work drinks, the individual respondent subjected her to multiple, escalating unsolicited acts of physical intimacy including rape. The complainant contacted her fiancée and brother immediately and with their support she contacted the police. The complainant had a rape kit performed and provided an official statement the following day. The complaint included allegations that she was victimised by her employer including by directing her to attend a hotel room to provide a verbal statement of the allegations, after she had already provided them with her police statement and informed her employer that this would cause further trauma for her. The complaint alleged the incident had caused an ongoing psychological injury at the time of the conference, and that she had not been able to return to work. The complaint settled for $135,000 damages. |
Workplace prank not funny
Type of outcome | Conciliation |
Contravention | Sexual harassment |
Outcome |
Compensation Written apologies |
Compensation | $50,000 |
Year | 2019–2020 |
Summary The respondents admitted to the allegations, stating that it was a joke and that they believed the complainant was not affected because his response was jovial. The complainant attended the conference represented by an advocate and he explained the significant impact the events had caused. An agreement was reached for written apologies from the two supervisors and $50,000 as general damages. |
Female employee receives hundreds of sexual texts from supervisor
Type of outcome | Conciliation |
Contravention | Sexual harassment |
Outcome |
Financial compensation Statement of service Agreement about cessation of employment Confidentiality agreement |
Compensation | $181,666.31 |
Year | 2018–2019 |
Summary She alleged that after reporting the sexual harassment to her workplace, she was victimised by being told to avoid the workplace whilst the supervisor was promoted. At conciliation conference, the supervisor stated that he believed their friendship was at a point that he could say the things he had said. The workplace denied any wrong doing following the employee’s reporting of the sexual harassment. An agreement was reached at conciliation that the complainant agreed to resign, was paid $13,333 payment in lieu of notice, $93,333.31 compensation for future economic loss, $75,000 general damages, statement of service was provided for the employee together with agreed communications about the cessation of her employment, and a confidentiality agreement including destruction of documents relating to the complaint. |
Ongoing sexist and sexual comments in workplace ignored
Type of outcome | Conciliation |
Contravention | Sexual harassment and sex discrimination |
Outcome |
Financial compensation Anti-discrimination training |
Compensation | Undisclosed amount |
Year | 2017–2018 |
Summary When the complainant complained about the ongoing behaviour, she was told The respondent answered the complaint by saying the allegations had been investigated and not substantiated, however the complainant had not been interviewed during this investigation. The respondent also argued that the complainant had resigned due to not getting on with female colleagues, and not because of the behaviour she was alleging. The complaint was resolved by payment of financial compensation to the complainant, and the individual respondent to complete anti-discrimination training. |
Sexual harassment of labour hire worker
Type of outcome | Conciliation |
Contravention | Sexual harassment |
Outcome |
Financial compensation Written apology Anti-discrimination training |
Compensation | Undisclosed amount |
Year | 2017–2018 |
Summary After this final incident, the complainant complained to the employment agency that had engaged her, and the agency brought the matter to the attention of the local council employer. She was then told by two supervisors that she had to make amends to the individual respondent, sit with him at lunch if he requested it, and to shake his hand and sort it out. At conciliation, the individual respondent denied all the allegations. The supervisors that were named said that they didn’t know what else to do. The complaint was resolved by the council respondent agreeing to pay financial compensation to the complainant, provide her with a written apology from the local council, and to arrange training in anti-discrimination for specific council employees. The complainant did not settle with the individual respondent allegedly responsible for the multiple acts of sexual harassment, choosing to consider referral to the Tribunal of the allegations against him. |
Racist comments and sexual harassment leads to resignation
Type of outcome | Conciliation |
Contravention | Sexual harassment and race discrimination |
Outcome |
Financial compensation Written apology and statement of regret Anti-discrimination training |
Year | 2017–2018 |
Summary The complainant also alleged he had been subjected to sexual harassment, including making jokes about performing oral sex on his supervisor and customers to finalise sales. The complainant eventually resigned from his position after his complaints did not resolve the issues. At conciliation, the supervisor refuted the allegations raised against him, and said that his working relationship with the complainant had initially been a positive one in which they enjoyed working together, but that the complainant had performance issues. The representative from the organisation expressed his shock at the complaint and his disbelief that there was a poor workplace culture within his organisation, and agreed to remedies to support staff. The parties agreed on the following settlement during conciliation:
|
Sexual comments and requests at work
Type of outcome | Conciliation |
Contravention | Sexual harassment |
Outcome |
Financial compensation Training Waiver of debt said to be owed to the respondent |
Year | 2016–2017 |
Summary The respondent denied he had done any of this. At conciliation, an agreement was reached that the respondent pay financial compensation to the complainant, that the respondent receive training about sexual harassment, and a waiver of a debt that the respondent had claimed was owed to him by the complainant. |
Sex discrimination and sexual harassment on farm
Type of outcome | Conciliation |
Contravention | Sexual harassment |
Outcome |
Written apology Anti-discrimination training Financial compensation |
Year | 2016–2017 |
Summary The parties reached an agreement prior to conference, including that the respondent provide the complainant with a written apology, the respondents undergo anti-discrimination training, and the respondents pay financial compensation to the complainant. |
Sexual harassment in work
Type of outcome | Conciliation |
Contravention | Sexual harassment |
Outcome |
Compensation Written apology |
Compensation | $15,000 |
Year | Not available |
Summary |
Sexual harassment
Type of outcome | Conciliation |
Contravention | Sexual harassment |
Outcome |
Complaint withdrawn against individual respondent Grievance and investigation procedures reviewed Workplace anti-discrimination training |
Compensation | Nil |
Year | Not available |
Summary At a conciliation conference, the allegations were discussed and misunderstandings were identified, resulting in the complainant withdrawing his complaint against his supervisor. The complainant was able to detail his experience to the respondents and an agreement was reached which included the employer reviewing the grievance and investigation procedures to include quick reference summaries and flow charts to assist access and implementation of the mechanisms. It was also agreed by the employer to increase training and awareness of appropriate work place behaviour, including detailed anti-discrimination and sexual harassment grievance mechanisms. There was no financial settlement sought. |
Sexual harassment
Type of outcome | Conciliation |
Contravention | Sexual harassment |
Outcome |
Warnings issued to individual respondents Workplace anti-discrimination training Zero tolerance of sexual harassment Apologies by individual respondents |
Compensation | Nil |
Year | Not available |
Summary At the conference, the individual respondents admitted to the behaviour but asserted that the actions had occurred only as a joke in an attempt to lighten the work environment. The senior managers stated that they were unaware of the behaviour, as the foremen had not notified them at any time of adverse behaviour occurring. The company did admit that they had difficulties in getting young males to remain employed with them; however, they believed this may have been because |
Sexual harassment in education
Type of outcome | Conciliation |
Contravention | Sexual harassment |
Outcome |
Compensation Written apology |
Compensation | $60,000 |
Year | Not available |
Summary The respondents denied the allegations stating that the relationship was mutual and that there was no sexual harassment. In conciliation the matter settled for the payment of $60,000 for pain and suffering, and the individual respondent provided a written apology. One of the two respondents settled the matter with the payment of $5,000. Both parties were extremely pleased with the resolution of the matter. |