BAHGAT AND SERENDIPITY PTY LTD T/AS ADVANCED PERSONNEL MANAGEMENT

In the case of Bahgat and Serendipity Pty Ltd t/as Advanced Personnel Management, the dispute arose from an allegation of discrimination under the Discrimination Act 1991. The applicant, Bahgat, alleged that Serendipity Pty Ltd, trading as Advanced Personnel Management, discriminated against her in the provision of services by refusing to provide her with employment due to her age. The matter was brought before the relevant tribunal which was required to determine the merits of the application to strike out the complaint.

The primary legal issue for the tribunal to decide was whether there was a causative link between the alleged discriminatory attribute, which was age, and the unfavourable treatment alleged by the applicant. The tribunal had to examine the evidence and determine whether the applicant had established that the refusal to provide services was due to her age, and not some other reason. Additionally, the tribunal had to consider whether the complaint was frivolous or vexatious, and if it had any prospects of success.

The tribunal found that the applicant had failed to establish a causative link between her age and the alleged refusal to provide services. The tribunal held that the applicant did not provide sufficient evidence to support her claim that her age was the reason for the unfavourable treatment. Furthermore, the tribunal determined that the complaint was not frivolous or vexatious, but ultimately found it to be without merit. Consequently, the tribunal ordered the complaint to be struck out.

In summary, the tribunal dismissed the complaint and ordered it to be struck out pursuant to section 89 of the Discrimination Act 1991. The tribunal held that the applicant had failed to establish a causative link between her age and the unfavourable treatment, and that the complaint was without merit. The tribunal did not find the complaint to be frivolous or vexatious, but ultimately determined that it had no prospects of success.