Blatchford -V- Qantas Airways Limited [1997] NSWEOT

Equal Opportunity Tribunal of New South Wales

CITATION: Blatchford -V- Qantas Airways Limited [1997] NSWEOT

COMPLAINANT: Richard Blatchford

RESPONDENT: Qantas Airways Limited

NUMBER: 92 of 1995

Mr Geoffrey Bartholomew ( Judicial Member ) TRIBUNAL: Ms L Farmer OAM Mr M Luger

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

DATES OF HEARING: 02/17/1997; 02/18/1997; 02/21/1997 DATE OF JUDGMENT: 06/10/1997

Complainant: Mr R Reitano (Counsel) W G McNally & Co (Solicitors) LEGAL REPRESENTATIVES: Respondent: Mr I Neil (Counsel) Minter Ellison (Solicitors)

JUDGMENT IN FAVOUR OF:

The Complainant, Mr Richard Blatchford, is an Australian born on 21 September 1949 who is seeking employment as an airline pilot with the Respondent.

The Respondent, Qantas Airways Ltd. is body corporate capable of being sued in and by its corporate style and title.

Mr Blatchford complains that the respondent discriminated against him in dealing with his application for employment on the ground of age contrary to section 49ZYA and 49ZYB of the Anti-Discrimination Act 1977, which sections provide as follows:

49ZYA(1) A person ("the perpetrator") discriminates against another person ("the aggrieved person") on the ground of age if, on the ground of the aggrieved person's age or the age of a relative or associate of the aggrieved person, the perpetrator:

(a) treats the aggrieved person less favourably than in the same circumstances, or in circumstances which are not materially different, the perpetrator treats or would treat a person who is not of that age or age group or who does not have such a relative or associate who is that age or age group; or