Richardson v Oracle Corporation Australia Pty Limited [2013] FCA 102

Richardson v Oracle Corporation Australia Pty Limited [2013] FCA 102

The second respondent engaged in repeated unwelcome conduct of a sexual nature constituting sexual harassment within the meaning of the Sex Discrimination Act 1984 (Cth), in circumstances where the first respondent, Oracle, did not take all reasonable steps to prevent such conduct and is therefore vicariously liable. Claims of indirect discrimination, victimisation, demotion and constructive dismissal were not established. Damages were awarded for psychological injury resulting from the sexual harassment.

Jurisdiction
Australia
Judgment Date
20 February 2013
Procedural Posture
Civil / Final Judgment After Hearing
Outcome
Applicant partially successful. Sexual harassment established. Other claims dismissed.
Legal Topics
['sexual Harassment' 'vicarious Liability' 'indirect Discrimination' 'victimisation' 'employment Contract' 'damages']
['human Rights' 'employment Law' 'discrimination'] ['sexual Harassment' 'vicarious Liability' 'indirect Discrimination' 'victimisation' 'employment Contract' 'damages']

Case Brief

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Procedural Posture

Civil / Final Judgment After Hearing

Legal Issues

  1. 1 ['Whether the second respondent engaged in sexual harassment contrary to s 28B(2) of the Sex Discrimination Act 1984 (Cth)' 'Whether the first respondent is vicariously liable for the conduct of the second respondent under s 106 of the Sex Discrimination Act 1984 (Cth)' 'Whether the first respondent engaged in indirect discrimination or victimisation under the Sex Discrimination Act 1984 (Cth)' 'Whether the applicant was demoted or constructively dismissed in breach of contract' 'Assessment of damages for psychological injury and economic loss']

Ratio Decidendi

The second respondent engaged in repeated unwelcome conduct of a sexual nature constituting sexual harassment within the meaning of the Sex Discrimination Act 1984 (Cth), in circumstances where the first respondent, Oracle, did not take all reasonable steps to prevent such conduct and is therefore vicariously liable. Claims of indirect discrimination, victimisation, demotion and constructive dismissal were not established. Damages were awarded for psychological injury resulting from the sexual harassment.

Court Disposition

Applicant partially successful. Sexual harassment established. Other claims dismissed.

Orders

  • ['First respondent to pay the applicant $18,000 as compensation for breach of s 28B(2) of the Sex Discrimination Act 1984 (Cth) within 21 days.' 'Declarations that the second respondent engaged in conduct contrary to s 28B(2) of the Sex Discrimination Act 1984 (Cth) and that the first respondent is vicariously...