LORANG v MATER MISERICORDIAE HOSPITAL and ANOR [1994] NSWCA 362

LORANG v MATER MISERICORDIAE HOSPITAL and ANOR [1994] NSWCA 362

The enforcement of the hospital's by-law requiring retirement of anaesthetists on reaching age 65 did not amount to unlawful conduct 'with a view to causing an employee to retire from employment' under s49ZV of the Anti-Discrimination Act 1977, as there was no existing employment from which the appellant was retired, only an accreditation to provide services at the hospital. Mere prevention of future contracts is not sufficient to constitute retirement from employment within the meaning of the Act.

Parties
Appellant: URJ Lorang; First Respondent: Mater Misericordiae Hospital; Second Respondent: Equal Opportunity Tribunal
Jurisdiction
Australia
Judgment Date
30 June 1994
Procedural Posture
Appeal / Court of Appeal
Outcome
Appeal dismissed (majority)
Legal Topics
Age Discrimination, Retirement From Employment, Statutory Interpretation
Anti Discrimination Law Employment Law Age Discrimination Retirement From Employment Statutory Interpretation

Case Brief

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Parties

URJ Lorang

Appellant

Mater Misericordiae Hospital

First Respondent

Equal Opportunity Tribunal

Second Respondent

Procedural Posture

Appeal / Court of Appeal

Legal Issues

  1. 1 Whether the hospital's conduct in enforcing its by-laws requiring retirement of anaesthetists at 65 contravenes s49ZV of the Anti-Discrimination Act 1977 by causing the appellant to retire from employment on the ground of age.
  2. 2 Whether 'employment' in s49ZV encompasses the appellant's contracts for services with patients.

Ratio Decidendi

The enforcement of the hospital's by-law requiring retirement of anaesthetists on reaching age 65 did not amount to unlawful conduct 'with a view to causing an employee to retire from employment' under s49ZV of the Anti-Discrimination Act 1977, as there was no existing employment from which the appellant was retired, only an accreditation to provide services at the hospital. Mere prevention of future contracts is not sufficient to constitute retirement from employment within the meaning of the Act.

Court Disposition

Appeal dismissed (majority)

Orders

  • Appeal dismissed with costs.