Heber v Glen Henney & Son Pty Ltd (No.3) [2008] NSWADT 168

Heber v Glen Henney & Son Pty Ltd (No.3) [2008] NSWADT 168

The Tribunal dismissed the application because it was not satisfied to the civil standard that the respondent terminated the applicant's employment or subjected him to any other detriment. The evidence overwhelmingly supported the respondent's account that the applicant remained employed after the 28 October 2005 meeting and then resigned. Even if the applicant had been terminated, the Tribunal did not accept that termination was on the ground of age, and it did not accept that the alleged age-related comments or conduct occurred.

Jurisdiction
Australia
Judgment Date
11 June 2008
Procedural Posture
Age Discrimination in Work / Principal Matter
Outcome
The application is dismissed. Costs are reserved.
Legal Topics
['age Discrimination' 'discrimination in Employment' 'dismissal' 'detriment' 'costs']
['anti Discrimination Law' 'employment Law'] ['age Discrimination' 'discrimination in Employment' 'dismissal' 'detriment' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Age Discrimination in Work / Principal Matter

Legal Issues

  1. 1 ['Whether the respondent dismissed the applicant, and if so whether the dismissal was on the ground of age.' 'Whether the applicant was subjected to any other detriment, including offensive comments, hostile conduct, inadequate facilities or isolation, and if so whether it was on the ground of age.' 'Whether costs should be reserved and determined after written submissions.']

Ratio Decidendi

The Tribunal dismissed the application because it was not satisfied to the civil standard that the respondent terminated the applicant's employment or subjected him to any other detriment. The evidence overwhelmingly supported the respondent's account that the applicant remained employed after the 28 October 2005 meeting and then resigned. Even if the applicant had been terminated, the Tribunal did not accept that termination was on the ground of age, and it did not accept that the alleged age-related comments or conduct occurred.

Court Disposition

The application is dismissed. Costs are reserved.

Orders

  • ['The application is dismissed' 'Costs are reserved' 'The parties are to file and serve their submissions in relation to costs as follows: (i) Respondent by 27 June 2008 (ii) Applicant by 18 July 2008 (iii) Respondent in reply by 1 August 2008.']