HOSER v Bunnings Group Ltd

The applicant, Mr Hoser, brought proceedings against the respondent, Bunnings Group Ltd, in the Federal Court of Australia. The dispute concerned allegations of discrimination and adverse action taken by Bunnings against Mr Hoser.

The court was required to determine whether Bunnings had engaged in unlawful discrimination against Mr Hoser under the *Age Discrimination Act 2004* (Cth) and whether Bunnings had taken adverse action against Mr Hoser for a prohibited reason under the *Fair Work Act 2009* (Cth). Specifically, the court had to consider whether Mr Hoser's age was a factor in Bunnings' decisions regarding his employment and whether Bunnings' actions were motivated by a desire to disadvantage Mr Hoser due to his age.

Judge Riley found that Mr Hoser had not established that Bunnings engaged in unlawful discrimination or took adverse action for a prohibited reason. The court applied the principles of statutory interpretation to the relevant provisions of the *Age Discrimination Act 2004* and the *Fair Work Act 2009*. The reasoning focused on the evidence presented by both parties and whether Mr Hoser had discharged his onus of proof in demonstrating that his age was the operative reason for Bunnings' conduct. The court concluded that the evidence did not support Mr Hoser's claims.

The application was dismissed.