HIGH COURT OF AUSTRALIA
BRENNAN CJ,
GAUDRON, McHUGH, GUMMOW AND KIRBY JJ
QANTAS AIRWAYS LIMITED APPELLANT
AND
JOHN BAILLIE CHRISTIE RESPONDENT
Qantas Airways Limited v Christie (S194-1996) [1998] HCA 18
19 March 1998
ORDER
Appeal allowed with costs.
Set aside the orders of the Full Court of the Industrial Relations Court of Australia and in lieu thereof order that the appeal to that Court be dismissed with costs.
On appeal from Industrial Relations Court of Australia
Representation:
D M J Bennett QC with I M Neil for the appellant (instructed by
Blake Dawson Waldron)
D F Jackson QC with F L Wright QC for the respondent (instructed by
Paul Murphy)
Intervener:
P M Kite SC intervening on behalf of the Human Rights and Equal Opportunity Commission (instructed by M Nicholls, Solicitor, Human Rights and Equal Opportunity Commission)
Notice: This copy of the Court’s Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
Qantas Airways Limited v Christie
Industrial Law – Termination of Employment – Whether termination of employment at initiative of employer – Whether contract of employment ended with effluxion of time.
Industrial Law – Termination of Employment – Discrimination on the basis of age – "Rule of 60" – Inherent requirement of the particular position – International airline pilot – Distinction between "position" and "job".
Discrimination Law – Termination of Employment – Discrimination on the basis of age – "Rule of 60" – Inherent requirement of the particular position – International airline pilot – Distinction between "position" and "job".
Industrial Relations Act 1988 (Cth), ss170DE, 170DF, 170EA, 170EDA, 170EE.
BRENNAN CJ. I am in respectful agreement with what Gaudron J has written except in relation to the final, and critical, question of fact, namely, whether it was an inherent requirement of the position which Mr Christie occupied as a pilot of Qantas B747-400 aircraft that such a pilot should not be excluded from flying those aircraft to or over those countries which enforce the Rule of 60. In particular, I agree that a stipulation in a contract of employment is not necessarily conclusive to show whether a requirement is inherent in an employee's position. The question whether a requirement is inherent in a position must be answered by reference not only to the terms of the employment contract but also by reference to the function which the employee performs as part of the employer's undertaking and, except where the employer's undertaking is organised on a basis which impermissibly discriminates against the employee, by reference to that organisation. In so saying, I should wish to guard against too final a definition of the means by which the inherent nature of a requirement is determined. The experience of the courts of this country in applying anti-discrimination legislation must be built case by case. A firm jurisprudence will be developed over time; its development should not be confined by too early a definition of its principles.
Evidence is not needed to show that the…
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- Case
- [1998] HCA 18
- Decision Date
CaseChat Overview and Summary
The High Court was required to determine whether Mr Christie's employment was terminated at the initiative of Qantas, and if so, whether this termination was unlawful under the relevant provisions of the *Industrial Relations Act 1988* (Cth). Specifically, the Court had to consider whether the termination was for a reason prohibited by s 170DF(1)(f) of the Act, which prohibits termination based on age, unless that reason was based on the inherent requirements of the particular position, as permitted by s 170DF(2). The Court also considered the distinction between the "position" of an international airline pilot and the "job" itself, and whether a mandatory retirement age constituted an inherent requirement.
The Court reasoned that the termination of Mr Christie's employment was at the initiative of Qantas, and that the "Rule of 60" (a policy requiring pilots to retire at age 60) was not an inherent requirement of the position of an international airline pilot. The Court found that the International Civil Aviation Organization (ICAO) standard for retirement age was arbitrary and not supported by current medical or safety evidence, nor by advancements in physiological and psychological testing. The Court emphasised that the purpose of the Act was to replace arbitrary standards with rational criteria free from stereotyping, and that courts have a duty to give effect to the Parliament's will in enacting anti-discrimination legislation.
The High Court allowed Qantas' appeal, setting aside the orders of the Full Court of the Industrial Relations Court of Australia and ordering that the appeal to that Court be dismissed with costs.
Orders
Orders of the court
1. Appeal allowed with costs.
2. Set aside the orders of the Full Court of the Industrial Relations Court of Australia and in lieu thereof order that the appeal to that Court be dismissed with costs.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: BRENNAN CJ, GUMMOW J
Full text does not contain this section.