Neil v Lee

Case [2024] QIRC 93


QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

Neil v Lee [2024] QIRC 093

PARTIES:  

Neil, Debra
(Complainant)

v

Lee, John
(Respondent)

CASE NO:

AD/2022/77

PROCEEDING:

Complaint referral and Application in existing proceedings

DELIVERED ON:

24 April 2024
HEARING DATES: 

9 November 2023 and 11 April 2024

DATE OF LAST SUBMISSION:

17 April 2024

MEMBER:

PLACE OF HEARING:

Merrell DP

Brisbane

ORDER:

The order contained in paragraph [146] of these reasons for decision.

CATCHWORDS:

HUMAN RIGHTS – DISCRIMINATION LEGISLATION – GROUNDS OF DISCRIMINATION – Complainant advertised that she was seeking accommodation – Respondent contacted the Complainant advising he was looking for a caretaker in respect of which a fully furnished house would be provided – Complainant made arrangements to travel from Victoria to Queensland for the purposes of taking up the work offered by the Respondent and as accepted by the Complainant – Respondent sent text messages to the Complainant including some of a sexual nature – Complainant decided not to take up offer of work by Respondent – Complainant made Complaint to the Queensland Human Rights Commission about the conduct of the Respondent – complaint referred to the Queensland Industrial Relations Commission – various Directions Orders made by the Queensland Industrial Relations Commission in relation to the conciliation of the Complaint – no compliance by the Respondent with the Directions Orders made by the Queensland Industrial Relations Commission – application by the Complainant, pursuant to r 45 of the Industrial Relations (Tribunals) Rules 2011, to the Queensland Industrial Relations Commission for a final order due to the Respondent's failure to comply with a Directions Order –  assessment of whether the Respondent contravened the Anti-Discrimination Act 1991 – determination that the Respondent contravened the Anti-Discrimination Act 1991  – assessment of the Complainant's loss – consideration of principles in respect of the compensation order sought by the Complainant – order for compensation made

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – ENDING PROCEEDINGS EARLY – DEFAULT JUDGMENT – JUDGMENT IN DEFAULT OF APPEARANCE – whether the Queensland Industrial Relations Commission has power to make final orders for a complainant in default of compliance by a respondent  with directions orders – pursuant to r 45 of the Industrial Relations (Tribunals) Rules 2011, the Queensland Industrial Relations Commission has power to make final orders in default of compliance by a Respondent with directions orders – principles to apply in determining whether the Queensland Industrial Relations Commission may exercise discretion to make a final order in default of compliance by a respondent  with directions orders

LEGISLATION:

Anti-Discrimination Act 1991, s 7, s 15, s 83, s 117, s 118, s 119, s 120, s 166, s 174B and s 209

Australian Human Rights Commission Act 1986, s 46PO

Industrial Relations Act 2016, s 530, s 539 and sch 5

Industrial Relations (Tribunals) Rules 2011, r 5, r 6,  r 8, r 24, r 25, r 26, r 27, r 28, r 29, r 30, r 31, r 41, r…

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AGLC
Neil v Lee [2024] QIRC 93
Case
[2024] QIRC 93
Decision Date

CaseChat Overview and Summary

In the case of Neil v Lee, the Complainant, who had advertised for accommodation, was contacted by the Respondent who offered a caretaker position for a fully furnished house. The Complainant arranged to travel from Victoria to Queensland to accept the position. However, the Respondent sent the Complainant text messages of a sexual nature, leading the Complainant to withdraw from the position. Subsequently, the Complainant lodged a complaint with the Queensland Human Rights Commission, which was referred to the Queensland Industrial Relations Commission (QIRC). Various directions orders were issued by the QIRC to facilitate conciliation, but the Respondent did not comply with these orders. The Complainant applied to the QIRC for a final order due to the Respondent's non-compliance, pursuant to rule 45 of the Industrial Relations (Tribunals) Rules 2011. The QIRC found that the Respondent had contravened the Anti-Discrimination Act 1991 and assessed the Complainant's loss. It was determined that the QIRC has the power to make final orders for a complainant in default of compliance by a respondent with directions orders, pursuant to rule 45 of the Industrial Relations (Tribunals) Rules 2011. The principles to be applied in determining whether the QIRC may exercise its discretion to make a final order in default of compliance by a respondent with directions orders were also considered.

The court had to decide several legal issues. Firstly, whether the QIRC has the power to make final orders for a complainant in default of compliance by a respondent with directions orders. Secondly, the principles to be applied in determining whether the QIRC may exercise its discretion to make a final order in default of compliance by a respondent with directions orders. The court found that the QIRC does have the power to make final orders under rule 45 of the Industrial Relations (Tribunals) Rules 2011. The court further determined that the QIRC may exercise its discretion to make a final order in default of compliance by a respondent with directions orders if the complainant has suffered a loss as a result of the respondent's non-compliance. The QIRC must consider the principles of fairness, proportionality, and the objectives of the Anti-Discrimination Act 1991 when exercising its discretion.

The QIRC found that the Respondent had contravened the Anti-Discrimination Act 1991 by sending the Complainant text messages of a sexual nature. The QIRC assessed the Complainant's loss and determined that the Complainant had suffered a loss due to the Respondent's non-compliance with the directions orders. The QIRC exercised its discretion to make a final order for the Complainant, finding that the principles of fairness, proportionality, and the objectives of the Anti-Discrimination Act 1991 supported such an order. The QIRC made an order for compensation to the Complainant, which was contained in paragraph [146] of the reasons for decision.

The final order made by the QIRC was for the Respondent to pay compensation to the Complainant, as outlined in paragraph [146] of the reasons for decision. This order was based on the findings that the Respondent had contravened the Anti-Discrimination Act 1991 and that the Complainant had suffered a loss due to the Respondent's non-compliance with the directions orders. The QIRC exercised its discretion to make a final order in default of compliance by the Respondent, taking into account the principles of fairness, proportionality, and the objectives of the Anti-Discrimination Act 1991. The compensation amount was determined by the QIRC to be appropriate given the circumstances of the case.

Orders

Orders of the court

The order contained in paragraph [146] of these reasons for decision.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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