Thorne v Toowoomba Regional Council and Tytherleigh

The matter before the court was an appeal against a decision of the Anti-Discrimination Tribunal (Tribunal) made on 27 June 2016. The appellant, Thorne, sought to appeal the Tribunal’s decision that dismissed her claims of discrimination on the basis of an impairment. The Tribunal found that the respondent, Toowoomba Regional Council, had not discriminated against Thorne on the basis of her wrist injury, which was deemed an impairment, when it did not confirm her employment at the end of her probationary period. Thorne contended that the Tribunal’s failure to inform her of the issues it would consider amounted to a denial of natural justice and that the damages awarded for hurt and humiliation were inadequate. The Tribunal had also found that Thorne had not suffered a breach of section 124 of the Anti-Discrimination Act 1991 (Qld).

The court was required to determine whether the Tribunal should have informed the appellant of the issues it would consider, which would constitute a denial of natural justice. The court also had to assess whether the damages awarded were excessive or inadequate in light of the hurt and humiliation Thorne suffered as a result of being dismissed from employment due to her wrist injury. Furthermore, the court had to consider whether the Tribunal’s decision that there had been no breach of section 124 of the Anti-Discrimination Act was erroneous.

The court found that the Tribunal had failed to inform the appellant of the issues it would consider, which constituted a denial of natural justice. The court also found that the damages awarded were inadequate in light of the hurt and humiliation Thorne suffered. The court did not find any error in the Tribunal’s decision that there had been no breach of section 124 of the Anti-Discrimination Act. Consequently, the appeal was allowed in part, and the matter was returned to the Tribunal for reconsideration with specific directions. The Tribunal was directed to list the proceeding for a directions hearing, and the parties were given time to file written submissions regarding costs.

The appeal tribunal further directed that the appellant must file two copies and give one copy of any further written submissions as to costs in the appeal by 4:00 pm on 8 December 2017. The respondents must file two copies and give one copy of any written submissions in relation to costs by 4:00 pm on 22 December 2017.