Robinson v Goodman

In Robinson v Goodman, the plaintiff, Ms Robinson, alleged that her former employer, Mr Goodman, had sexually harassed her. This included claims that Mr Goodman touched her body without consent, made unwelcome sexual comments, and required her to model clothing in inappropriate circumstances. Mr Goodman admitted to some of the conduct but denied that it was of a sexual nature. The dispute centred on the admissibility of tendency evidence that Mr Goodman had similarly harassed other female employees in the past. The case was heard in the Federal Circuit Court of Australia.

The key legal issue was whether the tendency evidence was admissible under section 97 of the Evidence Act 1995 (Cth). The court had to determine if the evidence was relevant to the facts in issue and whether its probative value outweighed any prejudicial effect it might have. The court also needed to consider whether the evidence was necessary to establish a fact in issue or to rebut a fact in issue or a fact relevant to a fact in issue.

The court found that the evidence of a pattern or modus operandi was relevant because it helped to establish that the conduct in question was of a sexual nature. The similarities in the overall circumstances of the incidents involving multiple employees supported the conclusion that the conduct was part of a pattern of sexual harassment. The court noted that while some details of the tendency evidence might differ from the alleged facts, the overall similarities were significant. The court determined that the probative value of the evidence outweighed any prejudicial effect it might have, and it was therefore admissible.

The court's reasoning was based on the understanding that the statutory phrase "conduct of a sexual nature" was a composite one and an element of the definition of sexual harassment. The court held that the fact that some conduct or part of the conduct was admitted by the defendant did not mean that the fact was no longer in issue for the purposes of admissibility questions. The characterisation of the conduct as sexual required consideration of the evidence, and the tendency evidence played a crucial role in that determination.