The Victorian Civil and Administrative Tribunal (VCAT) in awarding a former post office employee $332,280 compensation has continued the trend of increased compensation in sexual harassment complaints.
The claim was brought by a former post office employee who had been subjected to repeated and unwelcome sexual advances at work from the manager of the post office in which she worked. She claimed that she had repeatedly requested the manager to stop making suggestive and sexual comments, to discontinue his advances and to stop touching her. This persistent sexual harassment eventually cumulated in her dismissal.
Before the tribunal, the employee provided medical evidence to suggest that she had suffered psychological trauma due to the persistent sexual harassment. The tribunal agreed with her accepting that she now suffered from chronic post-traumatic stress disorder, a major depressive disorder and anxiety disorder all of which arose directly as a consequence of the manager’s inappropriate behaviour.
To reflect the severity of the sexual harassment and impact that it had on the employee, the tribunal awarded $180,000 in general damages and an additional $20,000 as aggravated damages to reflect the injury to her feelings and humiliation. She was further awarded $60,000 to compensate her for her past loss of earnings and $60,000 to reflect future loss of earnings and superannuation. A further sum of $12,280 was awarded as compensation for out-of-pocket expenses.
Lessons Learned
An award of compensation at this level continues the trend in high awards being made claims of discrimination, harassment and bullying. It sends a message to all employers to ensure that such behaviour does not happen in their workplace and to tackle those employees who may be behaving in such a way.
Up-to-date robust workplace anti-harassment policies and procedures coupled with appropriate training should assist employers to avoid incidents of behaviour such as this. As will measures to establish a respectful workplace culture.
Collins v Smith (Human Rights) [2015] VCAT 1029
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