Shirley v Director-General, Department of Education and Training NSWADT (No. 2) [2009] NSWADT 235

CITATION: Shirley v Director-General, Department of Education and Training NSWADT (No. 2) [2009] NSWADT 235 This decision has been amended. Please see the end of the decision for a list of the amendments.

DIVISION: Equal Opportunity Division

APPLICANT Wayne Shirley PARTIES: RESPONDENT Director-General, Department of Education and Training

FILE NUMBER: 081085

HEARING DATES: 28 May 2009, 22 June 2009

SUBMISSIONS CLOSED: 29 June 2009

DATE OF DECISION: 15 September 2009

BEFORE: Britton A - Deputy President; Schneeweiss J - Non-Judicial Member ; Nemeth de Bikal L - Non-Judicial Member

CATCHWORDS: Complaint of age discrimination – employment

Administrative Decisions Tribunal Act 1997 Anti Discrimination Act 1977 LEGISLATION CITED : Public Sector Employment and Management (General) Regulation 1996 Public Sector Employment and Management Act 2002 Government and Related Employees Appeal Tribunal Act 1980

Blair v Curran (1939) 62 CLR 464 Bonella & ors v Wollongong City Council [2001] NSWADT 194 Cachia v Isaacs (1985) 3 NSWLR 366 Kuligowski v Metrobus (2004) 220 CLR 363) CASES CITED: Lambidis v Commissioner of Police (1995) 37 NSWLR 320 Commonwealth Bank v Human Rights and Equal Opportunity Commission (1997) 150 ALR 1 Husein v University of Western Sydney (No 2) [2009] NSWADT 86 Parkin v James (1905) 2 CLR 315 Purvis v New South Wales (2003) 217 CLR 92 Walker v State of New South Wales [2003] NSWADT 13