The Victorian Civil and Administrative Tribunal has awarded AUD 150,000 in general damages after finding the Applicant was sexually assaulted and sexually harassed over a period of eleven months. The Applicant was a beauty therapist in a private salon and the harasser was her male co-worker. VCAT found the employer vicariously liable for the co-worker’s actions, but declined to make a finding that the employer had authorised, encouraged or assisted the sexual harassment under s 105 of the Equal Opportunity Act 2010.

Much of the focus in the world of employment last financial year was on the repercussions of lockdowns, restructuring, and remote work. There were however quite a number of important changes and decisions which employers may have missed. We set out in the attached Paper a calendar of key events, and also a checklist of tips for FY22.

On 4 August 2021, the High Court overturned the Full Federal Court’s decision in Rossato (and the findings in Skene), holding that Mr Rossato was, in fact, a casual employee. The result is that Mr Rossato was found not to be entitled to any back payments. The decision represents a shift in how Courts have approached issues related to casual employment and provides employers with comfort in relation to casual employment arrangements.