Gonzalez v The Australian Capital Territory (Discrimination)

The applicant, Gonzalez, sought relief from the Administrative Appeals Tribunal (AAT) against the respondent, The Australian Capital Territory. Gonzalez contended that he was discriminated against due to his age when the respondent dismissed him from his employment. The dispute centred around the enforcement of a conciliation agreement between the parties, which had been reached in an earlier proceeding before a different tribunal. Gonzalez sought to have additional leave recredited to him under the terms of this agreement.

The AAT was tasked with determining whether it had the authority to enforce the terms of the conciliation agreement, particularly in relation to the recrediting of leave. A secondary issue was whether the tribunal had the power to rectify or set aside the agreement if it was found to be inequitable. The AAT considered the relevant legislative framework and case law to address these questions.

In examining the matter, the AAT concluded that it did not have the power to alter the terms of the conciliation agreement or to set it aside. It held that, once an agreement was reached and accepted by both parties, the tribunal's role was limited to enforcing the agreement as it stood. The AAT found that the agreement was clear in its terms and that there was no basis to deviate from it. Consequently, the tribunal made orders giving effect to the conciliation agreement, including the recrediting of an additional 238.5 hours of personal leave to Gonzalez.

The Tribunal orders that the respondent is to recredit to the applicant 238.5 hours of personal leave, being 128.25 hours additional to the 15 days already agreed to be recredited.