Gardem v Etheridge Shire Council

Gardem v Etheridge Shire Council concerned an application brought by Mr Gardem against the Etheridge Shire Council. Mr Gardem alleged that the Council had discriminated against him on the grounds of age and disability. The application was heard in the Queensland Civil and Administrative Tribunal (QCAT).

The Tribunal was required to determine two primary questions. First, whether the Council had unlawfully discriminated against Mr Gardem on the basis of age when it decided not to appoint him to an acting higher duties position. Second, whether the Council had unlawfully discriminated against Mr Gardem on the basis of disability when it concluded that he had abandoned his employment and finalised his entitlements, despite his absence from work due to an alleged disability.

In relation to the age discrimination claim, the Tribunal found that while Mr Gardem possessed superior qualifications and experience compared to the successful appointee, the Council’s stated reason for its decision, namely to make appointments in its "long-term interests," did not permit an inference of age discrimination. The Tribunal concluded that no age discrimination had occurred. Regarding the disability discrimination claim, the Tribunal found that the Council’s conclusion that Mr Gardem had abandoned his employment was not a result of discrimination based on his alleged disability, and therefore, no disability discrimination had been established.

The Tribunal dismissed Mr Gardem’s application in its entirety.