Galstaun v Adept Underpinner Pty Ltd [2021] NSWCATAD 75

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Galstaun v Adept Underpinner Pty Ltd [2021] NSWCATAD 75 Hearing dates: 21 December 2020 Date of orders: 24 March 2021 Decision date: 24 March 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: C Ludlow, Senior Member J Newman, General Member Decision: 1. The name of the respondent is amended to Adept Underpinner Pty Ltd. 2. 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. 3. Within 28 days of this decision the respondent must pay to the applicant compensation in the sum of $3,740.40. Catchwords: HUMAN RIGHTS – discrimination – grounds – age discrimination HUMAN RIGHTS – discrimination – employment – applicants – determining who should be offered employment HUMAN RIGHTS – discrimination – damages Legislation Cited: Anti-Discrimination Act 1977 (NSW) Disability Discrimination Act 1992 (Cth) Evidence Act 1995 (NSW) Cases Cited: Commissioner of Corrective Services v Aldridge [1999] NSWADT 33 Commissioner of Police, NSW Police v Mooney (No 3) (EOD)[2004] NSWADTAP 22 Commonwealth v Evans [2004] FCA 654 Craig-Bennet v Greater Western Area Health Service [2011] NSWADT 30 Dutt v Central Coast Area Health Service [2002] NSWADT 133 Green v Department of Family and Community Services [2013] NSWADT 193 Henville v Walker [2001] HCA 52 I and L Securities Pty Ltd v HTW Valuers (Brisbane) Pty Ltd [2002] HCA 41 IW v the City of Perth [1997] HCA 30 Norrie v NSW Registrar of Births, Deaths and Marriages [2013] NSWCA 145 Parr v University of New England [1999] NSWADT 46 Purvis v State of New South Wales (2003) 217 CLR 92 Whiteoak v State of New South Wales [2014] NSWCATAD 45 Y v Human Rights & Equal Opportunity Commission [2004] FCA 184 Texts Cited: None cited Category: Principal judgment Parties: John Galstaun (Applicant) Adept Underpinner Pty Ltd (Respondent) Representation: Counsel: L Andelman (Applicant)