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The Federal Circuit Court has ordered the former boss of a café worker to pay her $90k in compensation and penalties, in the first published decision for a s-xual harassment dispute since the reforms commenced in 2023.

The employee brought her claim under section 527D of the Fair Work Act, which was part of the Secure Jobs, Better Pay amendments.

Highlighting the absence of preceding case law, Judge Gavin Mansfield noted that this new dispute mechanism was "designed to complement the anti-discrimination jurisdiction, enabling people who experience sexual harassment in connection with work an alternate pathway to initiate civil proceedings".

Tasked only with determining whether the proposed compensation and penalties were appropriate, he took the view that any award of damages should be in line with similar cases in the anti-discrimination jurisdiction...