Goodworth - V- Marsdens Motors Pty. Limited [1996] NSWEOT

Goodworth - V- Marsdens Motors Pty. Limited [1996] NSWEOT

The Respondent's liability for damages ceased on 30 June 1994 because the evidence showed that it ceased trading for business and accounting reasons, all existing employees were formally terminated, and there was no evidence about the employment needs of Moruya Service Centre or that failure to re-employ the Complainant would have been discriminatory. Damages were therefore limited to lost salary, long service leave and superannuation to that date, plus general damages for distress caused by the dismissal and its peremptory manner. No costs order was warranted because no circumstances justified exercising the Tribunal's discretion under section 114 of the Act.

Jurisdiction
Australia
Judgment Date
14 August 1996
Procedural Posture
Complaint of Discrimination on the Ground of Compulsory Retirement in the Area of Employment / Decision on Damages and Costs After Substantive Decision in Favour of the Complainant
Outcome
Respondent ordered to pay the Complainant $12,499.95; no order as to costs.
Legal Topics
['compulsory Retirement' 'age Discrimination' 'employment Termination' 'damages' 'costs']
['discrimination Law' 'employment Law'] ['compulsory Retirement' 'age Discrimination' 'employment Termination' 'damages' 'costs']

Case Brief

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Procedural Posture

Complaint of Discrimination on the Ground of Compulsory Retirement in the Area of Employment / Decision on Damages and Costs After Substantive Decision in Favour of the Complainant

Legal Issues

  1. 1 ["Whether the Respondent's liability for damages continued after it ceased trading on 30 June 1994." 'Whether social security benefits should be deducted from damages.' 'The quantification of special damages and general damages.' 'Whether the Tribunal should make an order as to costs under section 114 of the Act.']

Ratio Decidendi

The Respondent's liability for damages ceased on 30 June 1994 because the evidence showed that it ceased trading for business and accounting reasons, all existing employees were formally terminated, and there was no evidence about the employment needs of Moruya Service Centre or that failure to re-employ the Complainant would have been discriminatory. Damages were therefore limited to lost salary, long service leave and superannuation to that date, plus general damages for distress caused by the dismissal and its peremptory manner. No costs order was warranted because no circumstances justified exercising the Tribunal's discretion under section 114 of the Act.

Court Disposition

Respondent ordered to pay the Complainant $12,499.95; no order as to costs.

Orders

  • ['The Respondent pay to the Complainant the sum of $12,499.95.' 'No order as to costs.']