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): 24 months from the conduct (extended from 6 months by the Respect@Work reforms). Fair Work general protections involving dismissal (s 365/366): 21 days from the dismissal taking effect. 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

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.

Australia's First Fair Work Sexual Harassment Payout (2026)

Mejia v Capital City Cafe-Bar is the first s527D Fair Work Act ruling: ~$90k ordered for sexual harassment and underpayment. What it means for your claim.

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.

The Positive Duty: What Employers Must Actually Do to Prevent Sexual Harassment

Every Australian employer has a 'positive duty' to prevent workplace sexual harassment under the Sex Discrimination Act. Here are the 7 AHRC standards, the Commission's enforcement powers (since 12 December 2023), and how the duty interacts with Victoria's new NDA restrictions.

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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.

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