$150,000 Penalty for Unlawful Dismissal

A tribunal in Queensland has awarded a sexually harassed and assaulted worker $140,000 in damages. The worker was employed by Oishi Teppanyaki & Café Pty Limited as a waitress and worked split shifts. The owner of the café contravened s 119 of the Anti-Discrimination Act 1977 (Qld) by non-consensually touching the waitress and locking the doors to the café to refrain her from leaving.

In the Queensland Industrial Relations Commission, the worker sought costs and compensation for the pain and suffering that was caused to her.

The Queensland police charged the owner with several offences, one of which he plead guilty.

Holding

Deputy President Hartigan awarded the worker $140,000 in general damages, $10,000 in aggravated damages and $26,434 in costs.

Deputy President Hartigan described the conduct as “a serious and gross violation” of the worker’s right to be free from sexual harassment. And said that the conduct “is an abuse of the power dichotomy and trust inherent in the employment relationship”.

Key Takeaways

Employees and employers should be aware of their rights and obligations, specific to anti-discrimination laws.

If you have any questions about this matter and what it could mean for you as an employee or an employer, please do not hesitate to contact Nick Stevens, Josh Hoggett, Evelyn Rivera or Ayla Hutchison.