Biplavi Magar faced a difficult moment as she approached her workplace in Sydney's Hills District. She was scheduled to start her shift at Mad Mex but found herself unable to disembark from the bus. "I couldn't get myself off the bus. I just saw the station go right past by me," she recalled. Magar, who moved to Australia from Nepal at 18, had been enduring months of alleged sexual harassment by her manager, Sher Khan, the franchise store owner.

Magar began working at Mad Mex in 2021, just before her 21st birthday. Nearly two years later, she reported that Khan's inappropriate behavior began. "I just wanted to keep my head down and keep working. If I do my job properly, nothing would happen to me," she said. As a migrant and student, she felt compelled to endure the situation to survive.

Earlier this month, the Federal Court awarded Magar a record $305,000 in damages for sexual harassment, victimization, and aggravated damages. This amount surpasses the previous record of $268,000 awarded to a jewelry store worker in 2023. Speaking publicly for the first time, Magar emphasized the importance of accountability. "It wasn't just to get the justice or that kind of fairytale, it was more about to make that person accountable," she stated.

Her lawyer, Seri Feldman-Gubbay, noted the case sends a strong message to employers about the seriousness of sexual harassment claims. "This case sends a very important warning to employers that sexual harassment is not only unlawful but will be taken seriously and will result in serious consequences if claims are brought in court," she said.

The court found that Magar was subjected to a hostile work environment, where Khan and other male employees made sexualized comments about female staff and customers. Magar described feeling dehumanized and humiliated, recalling incidents where Khan made intrusive remarks about her personal life, including comments about a hickey she had.

In her testimony, Magar detailed several instances of harassment, including Khan showing her a "porn iPad" and a bag of sex toys. "At some point he asked what my vulva looked like," she recounted. She also described an incident where Khan allegedly touched her inner thighs with the toys, asking her how it felt. "My body was protecting me by being silent and being frozen in one place," she said.

Khan, who is nearly 62, denied the allegations, claiming he was impotent and could not be sexually aroused. However, Justice Bromwich stated that Khan's physical inability did not negate his inappropriate comments. The judge described some of Khan's arguments as "scandalous" and "offensive," which contributed to the aggravated damages awarded to Magar.

Magar has not worked for two and a half years, stating that Khan's actions have profoundly impacted her life. She described feeling "humiliated, powerless and helpless" and struggled with severe social anxiety. "It was really scary to go outside. It gave me severe social anxiety. It felt as if everybody was sexualizing me," she said.

Justice Bromwich expressed confidence in Magar's testimony, noting her vulnerability as a young woman without family support in Australia. The case marks a significant development in the application of sexual harassment law, particularly with the introduction of new provisions following the Respect at Work legislation.

Katie Sweatman, an employment lawyer, highlighted the case's importance in changing legal perspectives on sexual harassment. "It's one of the most significant payouts seen out of the federal court, and that was really a factor of the vulnerability of the applicant in question, who was a young woman," she said.

In response to the ruling, a Mad Mex spokesperson stated the company condemns harassment and expressed sadness over Magar's experience. They confirmed that Khan is no longer a franchisee. Khan's lawyer indicated that his client denies the allegations and is considering an appeal.