$150,000 Damages for Sexually Assaulted Worker: A Wake-Up Call for Every Australian Workplace

Introduction: When the Workplace Becomes a Prison

Work is supposed to be a place of dignity. It is where we give our skills, our labour, our time, and in return we should receive respect, safety, and fair pay. But for one Queensland woman, her workplace became a prison — literally. Locked inside a restaurant by her employer, sexually harassed, then assaulted, she lived through an ordeal that no worker should ever experience.

In August 2025, the Queensland Industrial Relations Commission (QIRC) handed down a decision in JF v Oishi Teppanyaki & Café Pty Ltd & Anor [2025] QIRC 209, awarding a brave survivor of sexual harassment and assault $176,434 in damages and costs. The case has already been described as a watershed for workplace justice in this state. It highlights the devastating impact of sexual assault, the legal tools available to victims, and the urgent need for cultural change in Australian workplaces.

But this case is not just about one survivor. It’s about every worker who has ever been harassed, intimidated, or silenced. It’s about how power can be abused, and how our laws must keep up with community expectations of justice. And it’s about how organisations like 1800NOWINNOFEE stand beside workers in their fight for dignity and safety.

The Case: A Split Shift Turns Into Trauma

The survivor, a single mother and sole provider for her children, had been working at King of Grill, a teppanyaki café in Brisbane, since 2018. She worked alongside the business owner and his wife.

On the day of the assault, she was scheduled for a split shift — the kind of roster familiar to so many hospitality workers. During her break, instead of leaving to visit a friend, she was persuaded by the owner to stay behind for a drink. He said he needed someone to talk to.

That drink turned into harassment. He asked her if she would have sex with him. She refused. Later that evening, after the dinner service and after the customers had gone, he grabbed her, touched her buttocks and crotch, and began sexually assaulting her.

When she tried to escape, she discovered the doors had been locked.

In that terrifying moment, she considered sticking her hand into the hot grill — reasoning that if she injured herself badly enough, he might let her leave to seek hospital treatment.

This wasn’t just harassment. It was entrapment, violence, and predation.

Reporting the Crime: From Workplace to Courtroom

The woman never returned to work. She went straight to the police. The owner was charged with multiple offences and later pleaded guilty to one count of sexual assault in the Beenleigh District Court, in breach of section 352 of the Criminal Code 1899 (Qld).

But criminal proceedings were only part of her fight. She also lodged a complaint with the Queensland Industrial Relations Commission under the Anti-Discrimination Act 1991 (Qld). She argued that the owner had engaged in sexual harassment in contravention of section 119 of the Act, which prohibits unwelcome sexual conduct in connection with work.

The case was clear. She had said no. She had pleaded for him to stop. She had tried to leave. A reasonable person would have known she was offended, humiliated, and intimidated — exactly what the law says at section 120.

Deputy President Catherine Hartigan accepted the evidence and ruled that the owner’s conduct amounted to both sexual assault under the Criminal Code and sexual harassment under the Anti-Discrimination Act.

The Damages: Putting a Price on Trauma

No amount of money can erase trauma. But damages are meant to acknowledge harm, compensate for suffering, and deter others from similar conduct.

In this case, the QIRC awarded:

• $140,000 in general damages for pain, suffering, and permanent loss of enjoyment of life.

• $10,000 in aggravated damages, because the employer had deliberately locked the doors to trap her before the assault — a clear act of calculated intimidation.

• $26,434 in costs, covering a portion of her legal expenses.

That’s a total of $176,434.

This figure is not arbitrary. It is grounded in case law that has, over the last decade, lifted damages in sexual harassment cases from token amounts to figures that reflect modern community standards.

The Human Cost: “My Children Have to Babysit Me”

Before the assault, the woman described herself as “hardworking, confident, happy, sociable and reliable.”

Afterward, she was diagnosed with post-traumatic stress disorder. She suffered from panic attacks, sweating, breathlessness, intrusive thoughts, hyper-vigilance, depression, and an inability to speak comfortably to strangers — especially men.

Her testimony was heartbreaking:

“My children have to babysit me when I go shopping or to the hairdresser.”

She had become dependent on her kids for basic tasks. That loss of independence — and the reversal of roles between parent and child — is a devastating marker of the long-term psychological harm caused by workplace assault.

Why This Matters: Abuse of Power in the Workplace

Deputy President Hartigan summed it up bluntly:

“The fact that this conduct occurred whilst she was at work and that the perpetrator was her employer is an abuse of the power dichotomy and trust inherent in the employment relationship.”

This was not just an act of sexual violence. It was an exploitation of power. The employer had control over rosters, wages, and job security. That imbalance turned the workplace into a site of danger.

This case shines a light on a broader problem in Australian workplaces: when workers are made vulnerable — whether by insecure contracts, immigration status, gender, or financial need — they can be trapped in toxic power dynamics.

The Law: How Sexual Harassment Is Defined

The Anti-Discrimination Act 1991 (Qld) makes it unlawful to sexually harass someone at work. Section 119 defines harassment as:

• An unwelcome sexual advance, request for sex, or conduct of a sexual nature.

• Conduct that a reasonable person would expect to offend, humiliate, or intimidate.

This case ticked every box. The advances were unwelcome. The touching was non-consensual. The intimidation was blatant.

When combined with the criminal offence of sexual assault under s 352 of the Criminal Code, the message is clear: workplace harassment can be both a crime and a civil wrong, giving rise to damages.

Key Legal Authorities: How the Court Got to $150,000

This wasn’t the first time Australian courts have grappled with damages for harassment. The decision in JF’s case relied on several landmark authorities:

1. Richardson v Oracle [2014] FCAFC 82

   
   

   • A Federal Court full bench raised damages for workplace harassment from $18,000 to $130,000.

   • The Court said token sums no longer matched community standards. Serious harm deserved serious compensation.

   
   

2. Golding v Sippel [2021] ICQ 13

   
   

   • The Queensland Industrial Court lifted damages from $35,000 to $130,000.

   • It cemented Oracle as the benchmark in Queensland.

   
   

3. Taylor v August and Pemberton Pty Ltd [2023] FCA 1115

   
   

   • A Federal Court awarded $140,000 for harassment, $40,000 for victimisation, and $15,000 aggravated damages.

   • It showed courts will scale awards depending on the mix of harassment, retaliation, and psychiatric injury.

Together, these cases show a clear judicial trend: no more trivial payouts. Courts now acknowledge that harassment causes long-lasting psychiatric harm, and damages should reflect that.

Systemic Issues: When Lawlessness Becomes Culture

This case is not an isolated incident. Across industries, power imbalances and workplace cultures of intimidation enable harassment and abuse.

Recent investigations into the Construction, Forestry and Maritime Employees Union (CFMEU) revealed a culture of violence, threats, and lawlessness. Reports tabled by the CFMEU Administrator in 2024–2025 showed:

• Officials using threats and violence as bargaining tactics  .

• Links with outlaw motorcycle gangs and organised crime .

• Intimidation of women, regulators, and rival unions.

The connection? Abuse of power. Whether in a restaurant or a union hall, the pattern is the same: those with power exploit the vulnerable. Victims are silenced, intimidated, and often too scared to speak.

That is why decisions like JF’s matter so much. They are more than legal rulings. They are cultural statements: violence and harassment will not be tolerated.

Community Standards: Why Damages Are Rising

Twenty years ago, sexual harassment damages in Australia were insultingly low. Survivors were often awarded less than $20,000. The message was clear: the law did not value women’s dignity.

That has changed. Courts now recognise the true cost of trauma: lost careers, lost independence, damaged relationships, lifelong mental health conditions.

By awarding over $150,000, the QIRC confirmed that modern Australia expects workplaces to be safe — and expects predators to pay when they violate that safety.

Practical Guidance: What Workers Can Do

If you are being harassed at work:

1. Document everything – Keep a record of incidents, dates, times, and any witnesses.

2. Seek medical support – A GP or psychologist can provide vital records of your health impacts.

3. Report it – To HR, to your union (if safe), or to regulators like the Queensland Human Rights Commission.

4. Get advice – Contact advocates like 1800NOWINNOFEE. You do not have to face it alone.

5. Know your rights – Sexual harassment is unlawful under both discrimination law and workplace law. In some cases, it is also a crime.

Call to Action: Standing with Survivors

At 1800NOWINNOFEE, we see the damage harassment causes. We see workers broken by fear, silenced by threats, and abandoned by employers who should have protected them.

But we also see courage. Courage like JF’s, who stood up, told her story, and won.

If you are experiencing harassment, bullying, or discrimination at work — or if you have been dismissed because you spoke up — we can help.

📞 Call 1800NOWINNOFEE.

💻 Visit 1800nowinnoFee.com.

You don’t have to suffer in silence. The law is on your side. And so are we.