Blatchford -V- Qantas Airways Limited [1997] NSWEOT

Blatchford -V- Qantas Airways Limited [1997] NSWEOT

Qantas directly discriminated against Mr Blatchford on the ground of age because age was an express scoring criterion in Stage One Phase One of the pilot selection process, he received a lower score because of his age, and that lower score delayed his progress through the selection process. Economic rationality and training cost considerations did not provide an exception to the Anti-Discrimination Act 1977, and combining age with other selection factors did not prevent the age criterion from being unlawful discrimination.

Jurisdiction
Australia
Judgment Date
10 June 1997
Procedural Posture
Complaint of Discrimination on the Ground of Age in the Area of Employment / Final Hearing Before the Equal Opportunity Tribunal After Transfer From the Anti Discrimination Board Following Failed Conciliation
Outcome
Complaint upheld for direct age discrimination; damages and an order appointing the complainant as a pilot were refused; costs awarded to the complainant.
Legal Topics
['age Discrimination' 'pilot Recruitment' 'direct Discrimination' 'indirect Discrimination' 'employment Selection Procedures' 'remedies' 'costs']
['anti Discrimination Law' 'employment Law'] ['age Discrimination' 'pilot Recruitment' 'direct Discrimination' 'indirect Discrimination' 'employment Selection Procedures' 'remedies' 'costs']

Case Brief

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Procedural Posture

Complaint of Discrimination on the Ground of Age in the Area of Employment / Final Hearing Before the Equal Opportunity Tribunal After Transfer From the Anti Discrimination Board Following Failed Conciliation

Legal Issues

  1. 1 ['Whether the respondent discriminated against the complainant on the ground of age in the pilot selection process contrary to sections 49ZYA and 49ZYB of the Anti-Discrimination Act 1977.' "Whether the use of an age criterion in Stage One Phase One of Qantas' pilot selection process treated the complainant less favourably than younger applicants in the same or not materially different circumstances." 'Whether economic reasons relating to training costs and expected length of service justified taking age into account in the selection process.' 'What remedies, if any, should be ordered after a finding of age discrimination.']

Ratio Decidendi

Qantas directly discriminated against Mr Blatchford on the ground of age because age was an express scoring criterion in Stage One Phase One of the pilot selection process, he received a lower score because of his age, and that lower score delayed his progress through the selection process. Economic rationality and training cost considerations did not provide an exception to the Anti-Discrimination Act 1977, and combining age with other selection factors did not prevent the age criterion from being unlawful discrimination.

Court Disposition

Complaint upheld for direct age discrimination; damages and an order appointing the complainant as a pilot were refused; costs awarded to the complainant.

Orders

  • ["That the Respondent, as soon as is practicable, arrange for the Complainant to complete the selection process and make their final decision without reference to the Complainant's age;" 'That the Respondent revise their selection procedure for pilots so that age is no longer taken into account in the selection of...