Qld; Company wins discrimination appeal

AAP General News (Australia)
04-11-2000
Qld; Company wins discrimination appeal

By Suzanne Klotz

BRISBANE, April 11 AAP - A company found guilty of age discrimination had the decision
overturned by the Queensland Court of Appeal today.

The Anti-Discrimination Commission had found Kevin McIntyre and his company Manmac
Holdings Pty Ltd discriminated against Geoffrey Thomas Tully on the basis of his age after
he applied for a job over the phone.

Mr Tully was awarded $11,000 in damages for offence and humiliation as well as the
loss of the chance of employment.

Mr McIntyre lost a Supreme Court appeal of the case last June and so took the matter
to the Court of Appeal.

Mr Tully, who is in his 50s, applied for a photocopier and sales job advertised in
the Gold Coast Bulletin, but the company told him it was a trainee position unsuitable
for someone of his experience.

He was referred by the company to Mr McIntyre, whose own company, Manmac, trades as
Nashuatec Gold Coast, in the expectation there may be a position available there training
staff.

One of the first questions Mr McIntyre allegedly asked in the phone interview on April
10, 1997, was "how old are you?".

Mr Tully replied with a joke, but Mr McIntyre persisted.

When Mr Tully refused to tell him over the phone, Mr McIntyre's response was: "Nah,
if you won't tell me how old you are we'll call it quits right now."

Mr McIntyre appealed the Supreme Court decision on the basis that the conversation
revealed no discrimination and that the damages were manifestly excessive.

The court of appeal found that the discrimination relied on a hypothetical situation
as there was not an actual position available for Mr Tully at the time.

"In the absence of an actual situation pertaining to an offer of work, the making of
an unfortunate or hurtful statement does not create an entitlement to compensation in
the person to whom it is made," the joint judgment by Justices Geoff Davies, James Thomas
and Glen Williams said.

The court set aside the findings of the Supreme Court and the Anti-Discrimination Tribunal
and also ordered Mr Tully pay Mr McIntyre's costs of the Supreme Court hearing.

AAP smk/sc/apm/bwl

KEYWORD: TULLY

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