How much is a sexual harassment claim worth in Australia?

Recent Federal Court and FCFCOA awards range widely — from $5,000-$25,000 for a single low-severity incident, to $100,000-$400,000+ for physical assault with psychiatric injury. The Federal Court signalled in Richardson v Oracle that historic low awards (e.g. $18K) no longer reflect community standards — recent ongoing-conduct cases sit in the $75K-$200K range plus economic loss.

What is the typical breakdown of a harassment award?

Awards have three main components: general damages for hurt, humiliation and distress (the largest chunk for ongoing conduct cases), past economic loss (weeks off work × weekly pay), and future economic loss where earning capacity is permanently impacted (commonly 6-12 months of pay). Medical and aggravated damages add further uplifts.

Do I need a psychiatric diagnosis to claim?

No, you can claim for general damages (hurt, humiliation, distress) without a diagnosed psychiatric injury. But a diagnosis significantly increases the general damages award — typically $50,000+. It also opens up larger economic loss claims for impaired earning capacity. If you have suffered psychological harm, get an early referral.

What does 'aggravated damages' mean?

Extra compensation where the employer's conduct compounded the harm. Examples: the employer was on notice (you'd reported it, others had), the employer retaliated against you for complaining, the harassment was repeated despite previous complaints, or the post-complaint investigation was inadequate. Aggravated damages can add 20-50% to the general damages award.

What's the time limit to bring a claim?

Different pathways have different time limits. AHRC complaints (Sex Discrimination Act): 6 months from the conduct. Fair Work general protections (s 365): 60 days from dismissal-related claims. Unfair dismissal: 21 days. State equal opportunity tribunals: usually 12 months. Common law negligence (vicarious liability): 3-6 years. Get legal advice quickly — don't delay.

Sexual Harassment Compensation Estimator

Estimate what a workplace sexual harassment compensation claim might be worth, based on recent Federal Court and FCFCOA awards. Severity, economic loss, psychiatric injury, and aggravated damages all factored in.

Last verified: 21 May 2026

AIGot a tricky case? Ask FairWork Mate AI — 2 free questions →

Conduct severity*

Weeks off work as a result*

weeks

Total time off (sick leave, unpaid leave, before resignation/dismissal).

Weekly pay (gross)*

Used to calculate past and future economic loss.

Required medical / psychological treatment

GP visits, psychologist, counselling, medication — anything documented.

Diagnosed psychiatric injury (PTSD, major depressive disorder, anxiety disorder)

A formal diagnosis from a psychiatrist or psychologist significantly increases general damages.

Future earning capacity is impacted

You can't return to the same role / level / industry, OR are downgrading to a lower-paid role.

Employer was on notice before the worst conduct

You'd raised a complaint, or others had. Aggravated damages apply where the employer ignored warnings.

Sexual Harassment at Work: The New FWC Stop Order You Need to Know About (2026)

Since March 2023, the Fair Work Commission can issue stop-sexual-harassment orders. Learn how the Respect@Work reforms changed the law, the positive duty on employers, how to apply for a stop order ($0 fee), the FWC vs AHRC pathway, and the new criminal offence for serious cases.

Workplace Sexual Harassment NDAs Are Void From 1 November 2026 — What It Means for You

From 1 November 2026, NDAs in workplace sexual harassment settlements are unenforceable against victims under Federal law. Here's what the ban covers, what it doesn't, and what to do about existing NDAs.

Unfair Dismissal Compensation Cap 2026: Maximum Payout Is $91,550 (Half Annual Wage)

The FWC unfair dismissal compensation cap for 2025-26 is the lesser of 26 weeks' pay or $91,550. Learn what factors affect your payout, the application process, and typical case outcomes.

Got a follow-up about this?

“I just used the Sexual Harassment Compensation Estimator on FairWork Mate. Can you help me understand what this means for my specific situation and what my workplace rights are?”

Ask FairWork Mate AI →

Get notified when rates change

Free alerts when minimum wage, award rates, or workplace laws are updated.

Free forever. No spam. Unsubscribe anytime.

Stuck on your numbers?

Ask our AI advisor — it'll talk you through your specific situation in seconds.

Ask FairWork Mate AI

FairWork Mate is an independent commercial service. We are not affiliated with, endorsed by, or associated with the Fair Work Ombudsman, the Fair Work Commission, or any Australian Government agency. Content is general information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.

Recommended partners

Free tools surface the issue. Our partners help you solve it.

Authorised Employment Hero Partner

Employment Hero

Australian HR, payroll, rostering and award interpretation in one platform. Used by 300,000+ businesses. Fixes the underlying payroll/compliance issues our calculators surface.

Best for: SMEs that have outgrown spreadsheet payroll or want automated award interpretation.

See Employment Hero

Authorised Lawpath Partner

Lawpath

Register an ABN, form a Pty Ltd, or grab an ongoing legal plan. 400,000+ Australian businesses use Lawpath for fast, fixed-price legal admin without the $400/hr solicitor bill.

Best for: contractors, sole traders, scaling businesses, anyone forming a company.

See Lawpath

Affiliate partners — commissions fund the free tools on this site. We only recommend partners we've vetted as a good fit for Australian workplaces.

Sexual Harassment Compensation Estimator

Related Articles

Got a follow-up about this?

Related Tools

Recommended partners

Employment Hero

Lawpath