Green v State of Queensland: Landmark Workplace Discrimination Case

Employment Law: 30 October 2025

Author: Aaron Stewart - Our People

Workplace discrimination and harassment are serious legal issues that can have long-lasting impacts on employees’ health, wellbeing, and career prospects. The Queensland Civil and Administrative Tribunal (QCAT) decision in Green v State of Queensland, Brooker and Keating [2017] QCAT 008 highlights the importance of protecting employees from unlawful treatment and demonstrates how tribunals approach compensation for sexual harassment and discrimination claims.

If you are seeking a discrimination lawyer in Brisbane, understanding landmark cases such as Green is essential in assessing your rights and potential remedies.

Case Overview

In Green v State of Queensland, a cleaner employed at a Queensland State school was subjected to a sexually explicit prank orchestrated by colleagues. The prank involved staging the staff room to simulate the aftermath of a sexual encounter. The employee was tasked with cleaning the room without prior knowledge of the setup, which caused significant distress and humiliation.

QCAT found that the conduct constituted sexual harassment under the Anti-Discrimination Act 1991 (Qld). Importantly, the State of Queensland, as the employer, was held vicariously liable for the actions of its employees.

Compensation Awarded

The tribunal awarded a total of $156,051. This included $70,000 for non-financial loss covering pain, suffering, embarrassment, and humiliation, $17,430 for past economic loss, and $1,656 for past superannuation loss. Additionally, the employee received $48,338 for future loss of income, $5,467 for future superannuation loss, and $10,000 for anticipated medical treatment.

The award demonstrates how seriously tribunals treat workplace harassment and the psychological impact it can have on employees.

Legal Significance

The Green case aligns with principles established in the Full Federal Court decision in Richardson v Oracle Corporation Australia Pty Ltd [2014] FCAFC 82, which emphasised that compensation for sexual harassment must reflect contemporary community standards. The decision confirms that Queensland tribunals take workplace harassment and discrimination claims seriously, awarding meaningful compensation for long-term effects on victims.

Aaron Stewart | Discrimination Lawyer Brisbane

Aaron Stewart is a highly experienced discrimination lawyer in Brisbane, specialising in workplace discrimination, sexual harassment, adverse action, and employment law. He is recognised for his strategic, evidence-based advocacy and practical approach to resolving complex matters.

Aaron has represented clients in all relevant courts and tribunals, including the Fair Work Commission, Queensland Human Rights Commission, Australian Human Rights Commission, Federal Circuit and Family Court of Australia, Supreme Court of Queensland, Queensland Industrial Relations Commission, and the District and Magistrates Courts.

He has successfully represented employees in claims against ASX-listed and multinational companies, state and federal government departments, local councils and statutory authorities, banks, mining and energy companies, construction firms, and national retail and transport organisations. His experience covers professionals, executives, tradespeople, public servants, and everyday employees who have suffered unlawful discrimination, harassment, or victimisation.

Defending Employers

Aaron also acts for employers facing claims of discrimination, workplace harassment, sexual misconduct, bullying, vicarious liability, investigations, disciplinary matters, and policy compliance. His dual experience representing both employees and employers provides unique insight and a strategic advantage in complex workplace disputes.

Strategic, Outcome-Focused Representation

Aaron Stewart offers pragmatic, results-driven legal advice and is skilled at achieving early resolution through negotiation, conciliation, or mediation. Where litigation is necessary, he is fully prepared to represent clients in court or tribunal proceedings. His extensive experience ensures that clients’ legal rights are protected at every stage of a discrimination claim.

Don’t Suffer Alone

If you are experiencing workplace discrimination, harassment, or unfair treatment, you do not have to face it alone. Contact Aaron Stewart, discrimination lawyer Brisbane, for expert legal guidance and representation on (07) 3544 5659.