Heber v Glen Henney & Son Pty Ltd [2007] NSWADT 93

Heber v Glen Henney & Son Pty Ltd [2007] NSWADT 93

Although there were doubts about Mr Heber's credibility, if his version of events were proved he would have an arguable case of age discrimination and his complaint had some prospects of success. He should therefore be given an opportunity to prove that Glen Henney & Son Pty Ltd breached the Anti-Discrimination Act 1977, and no circumstances justified a costs order at the leave stage.

Jurisdiction
Australia
Judgment Date
19 April 2007
Procedural Posture
Application for Leave to Proceed With Age Discrimination Complaint / Preliminary Matter
Outcome
Leave granted.
Legal Topics
['age Discrimination' 'direct Discrimination' 'dismissal' 'leave to Proceed After Complaint Declined as Lacking in Substance' 'costs']
['anti Discrimination Law' 'employment Law'] ['age Discrimination' 'direct Discrimination' 'dismissal' 'leave to Proceed After Complaint Declined as Lacking in Substance' 'costs']

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Procedural Posture

Application for Leave to Proceed With Age Discrimination Complaint / Preliminary Matter

Legal Issues

  1. 1 ['Whether leave should be granted under s 96 of the Anti-Discrimination Act 1977 for a complaint declined as lacking in substance to proceed before the Tribunal.' "Whether the applicant's evidence, taken at its highest, disclosed an arguable case of age discrimination in employment." 'Whether circumstances justified an order for costs against the applicant.']

Ratio Decidendi

Although there were doubts about Mr Heber's credibility, if his version of events were proved he would have an arguable case of age discrimination and his complaint had some prospects of success. He should therefore be given an opportunity to prove that Glen Henney & Son Pty Ltd breached the Anti-Discrimination Act 1977, and no circumstances justified a costs order at the leave stage.

Court Disposition

Leave granted.

Orders

  • ['Leave is granted.' 'Mr Heber to file and serve any statements in support of his complaint including evidence of any loss or damage, within 21 days of the date of these reasons.' "Glen Henney & Son Pty Ltd to file and serve any further statements in reply within 21 days of receiving Mr Heber's evidence." 'The...