Hehir v Smith

The appeal in Hehir v Smith was heard by the District Court of New South Wales. The appeal arose from a decision of the Anti-Discrimination Tribunal, where the appellants, Hehir and Smith, sought to overturn a finding of sexual harassment against them. The respondents, who were employees of the appellants, alleged that they had been subjected to sexual harassment during their employment. The Tribunal awarded the respondents $17,000 in damages and the appellants appealed on several grounds.

The primary legal issues before the court were whether the Tribunal provided adequate reasons for its decision, whether it erred in law by reopening the proceedings to hear further evidence, and whether the amount of damages awarded was grossly excessive. Additionally, the court considered whether the Tribunal made findings on allegations not made in the Points of Claim, whether it confused aggravated and exemplary damages, and whether it erred in various evidentiary rulings.

The court held that the Tribunal had not provided adequate reasons for its decision, particularly in reopening the proceedings for further evidence and in awarding damages. The court found that the Tribunal had not acted contrary to procedural fairness by reopening the proceedings, but did find that the further evidence did not corroborate the complainant’s evidence. The court also held that the amount of damages awarded was excessive, considering the nature and extent of the harassment. The court further found that the Tribunal had erred in law by making findings on allegations not made in the Points of Claim and by allowing certain evidence that was not relevant or privileged.

The court allowed the appeal, set aside the decision of the Tribunal, and ordered a new hearing before a differently constituted Tribunal. The parties were directed to agree on the costs and form of order, or the matter would be determined on a further hearing.