The recent decision of Clarke v Beiler Constructions Pty Ltd as trustee for Fox Trading Trust [2026] FCA 734 provides clarity in “he said, she said” disputes, where misconduct occurs in private workplace settings and there are no witnesses to verify the allegations. The decision underscores the willingness of the Federal Court to hold perpetrators accountable for workplace sexual harassment and, where appropriate, impose liability on employers for failing to satisfy their legal obligations.