Bartolo v Doutta Galla Aged Services Ltd

In the County Court of Victoria, Ms. Bartolo (the applicant) brought proceedings against Doutta Galla Aged Services Ltd (the respondent) alleging unlawful discrimination on the ground of age. The applicant claimed that the respondent's decision to terminate her employment was based on her age, contrary to the provisions of the *Equal Opportunity Act 2010* (Vic). The respondent denied that age was a factor in the decision to terminate the applicant's employment, asserting that the termination was due to genuine operational requirements and performance issues.

The central legal issue before the Court was whether the respondent had unlawfully discriminated against the applicant on the ground of age when it terminated her employment. This required the Court to determine if age was a substantial and operative cause of the termination, and if so, whether any defence was available to the respondent. The Court also considered the respondent's asserted reasons for termination, namely operational requirements and performance, and whether these were legitimate and non-discriminatory justifications.

Judge Whelan found that the applicant had established a prima facie case of age discrimination, noting that the applicant was a mature-aged employee and that the termination occurred shortly after a change in management and a review of staffing. The Court considered the evidence presented by both parties, including internal communications and performance reviews. Ultimately, the Court concluded that age was a substantial and operative cause of the termination of Ms. Bartolo's employment. The respondent failed to establish any defence, such as the termination being based on a genuine occupational requirement or that the decision was not based on discriminatory grounds.

The Court ordered that the respondent pay the applicant damages for the loss suffered as a result of the unlawful discrimination.