Galstaun v Adept Underpinner Pty Ltd [2021] NSWCATAD 75

Galstaun v Adept Underpinner Pty Ltd [2021] NSWCATAD 75

The Tribunal found, on the balance of probabilities, that the telephone conversation took place as alleged, and that the applicant was treated less favourably due to his age in determining who should be offered employment, contravening s 49ZYB(1)(b) of the Anti-Discrimination Act 1977.

Parties
Applicant: John Galstaun; Respondent: Adept Underpinner Pty Ltd
Jurisdiction
Australia
Judgment Date
24 March 2021
Procedural Posture
Civil Claim Anti Discrimination / Final Judgment
Outcome
Applicant's claim substantiated in part; unlawful discrimination found; compensation awarded
Legal Topics
Age Discrimination, Employment Selection, Compensation, Aggravated Damages
Human Rights Employment Discrimination Age Discrimination Employment Selection Compensation Aggravated Damages

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 5 Authorities cited 17 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

John Galstaun

Applicant

Adept Underpinner Pty Ltd

Respondent

Procedural Posture

Civil Claim Anti Discrimination / Final Judgment

Legal Issues

  1. 1 Whether the respondent unlawfully discriminated against the applicant on the ground of age
  2. 2 Whether the conduct constituted less favourable treatment on the ground of age in determining who should be offered employment
  3. 3 Entitlement to damages, including economic and non-economic loss, and aggravated damages

Ratio Decidendi

The Tribunal found, on the balance of probabilities, that the telephone conversation took place as alleged, and that the applicant was treated less favourably due to his age in determining who should be offered employment, contravening s 49ZYB(1)(b) of the Anti-Discrimination Act 1977.

Court Disposition

Applicant's claim substantiated in part; unlawful discrimination found; compensation awarded

Orders

  • The name of the respondent is amended to Adept Underpinner Pty Ltd.
  • We find that the respondent unlawfully discriminated against the applicant on the ground of age in contravention of s 49ZYB(1)(b) of the Anti-Discrimination Act 1977 during a telephone conversation on 12 November 2019.