Goodworth - V - Marsdens Motors Pty. Limited (No.1) [1996] NSWEOT

Equal Opportunity Tribunal of New South Wales

CITATION: Goodworth - V - Marsdens Motors Pty. Limited (No.1) [1996] NSWEOT

COMPLAINANT: Ms Annette Goodworth

RESPONDENT: Marsden Motors Pty Ltd

NUMBER: 76 of 1994

Mr G Bartholomew ( Judicial Member ) TRIBUNAL: Mr M Luger Ms L Nemeth De Bikal

GROUNDS OF COMPLAINT: Discrimination on the ground of compulsory retirement in the area of employment

DATES OF HEARING: 08/31/1995; 09/01/1995; 01/29/1996; 01/30/1996 DATE OF JUDGMENT: 04/01/1996

Complainant: Tress Cocks & Maddox LEGAL REPRESENTATIVES: Respondent: Lenehan & Co.

JUDGMENT IN FAVOUR OF:

The complainant, Mrs Annette Goodworth, is an Australian citizen living at Moruya in the State of New South Wales. The respondent is a corporation incorporated in the State of New South Wales.

The complainant lodged a complaint against the respondent with the Anti-Discrimination Board on 7 March 1994 alleging compulsory retirement in the area of employment contrary to section 49 ZV of the Anti-Discrimination Act.

The Board attempted to conciliate the matter but was unsuccessful and the President of the Board referred the complaint to the Tribunal on 22 November 1994 pursuant to section 94(1) of the Act.

The matter was listed before the Tribunal for directions on 20 December 1994 on which occasion the matter was set down for hearing on 26 and 27 April 1995. These dates were subsequently vacated to allow for a legal aid application to be made, and the matter was set down for hearing on 31 August and 1 September. The hearing having not been completed on 1 September, further hearing dates were set for 29 and 30 January 1996.