Green v State of Queensland, Brooker and Keating

In the case of Green v State of Queensland, Brooker and Keating, the applicant, Shane Green, brought proceedings against his former employers, Norman Brooker and Vicki Keating, as well as the State of Queensland, alleging sexual harassment and victimisation under the Anti-Discrimination Act 1991 (Qld). The primary dispute involved an incident where co-workers set up a sexually explicit prank in the staff room, which Green was required to clean up. The case also considered whether subsequent actions by Brooker constituted victimisation and if the compensation awarded to Green was appropriate.

The central legal issues revolved around whether the prank constituted unwelcome conduct of a sexual nature, whether it was in relation to Green, and if the subsequent acts by Brooker amounted to victimisation. Additionally, the court had to determine the appropriate measure of damages, particularly whether interest should be added to the award for non-financial loss and if the award should be influenced by a prior case.

The court found that the prank was indeed unwelcome conduct of a sexual nature and was in relation to Green, as it was set up with the intent to humiliate him. The court also found that subsequent actions by Brooker constituted victimisation. In terms of damages, the court determined that compensation should be awarded, and interest should be added to the award for non-financial loss, aligning with the principles established in Richardson v Oracle Corporation Australia Pty Ltd. The court further ruled that the total compensation owed to Green by Brooker and the State of Queensland was $156,051, while Keating and the State of Queensland were ordered to pay $78,025.

The court confirmed the non-publication order made previously, ensuring the identities of certain persons named in the order would remain undisclosed until the conclusion of the proceedings and any subsequent appeals.