McJannet v Special Broadcasting Services Corporation T/As SBS Corporation

McJannet (the applicant) brought proceedings against the Special Broadcasting Service Corporation (SBS) (the respondent) in the Federal Court of Australia. The applicant alleged that SBS had engaged in unlawful discrimination against him on the basis of his age, contrary to the provisions of the *Age Discrimination Act 2004* (Cth). The dispute centred on SBS's decision not to offer the applicant ongoing employment following a period of casual employment.

The primary legal issue before the Court was whether SBS's refusal to offer the applicant ongoing employment constituted unlawful age discrimination. This required the Court to determine if the applicant's age was a relevant consideration in SBS's decision-making process and, if so, whether that consideration was unlawful under the *Age Discrimination Act 2004*. The Court also considered whether SBS had established any defence to the claim of unlawful discrimination.

Judge Altobelli found that the applicant had not established that his age was the reason for SBS's decision not to offer him ongoing employment. The Court accepted SBS's evidence that the decision was based on a range of factors, including the applicant's performance, the availability of permanent positions, and the need to fill specific roles. Consequently, the Court concluded that SBS had not engaged in unlawful age discrimination. The application was dismissed.