Raphael v G4S Custodial Services Pty Ltd

Raphael (the applicant) brought proceedings against G4S Custodial Services Pty Ltd (the respondent) in the Federal Court of Australia. The dispute concerned the respondent's alleged contravention of section 351 of the *Fair Work Act 2009* (Cth) by dismissing the applicant in a manner that was allegedly discriminatory on the grounds of his age and disability. The applicant sought remedies for this alleged adverse action.

The primary legal issue before the court was whether the respondent had taken adverse action against the applicant by terminating his employment, and if so, whether the applicant's age and disability were among the reasons for that adverse action. The court was required to determine if the applicant had established a prima facie case of unlawful discrimination under the *Fair Work Act*.

In reaching its decision, the court considered the evidence presented by both parties regarding the circumstances of the applicant's dismissal. The court applied the principles established in cases concerning adverse action and unlawful discrimination, focusing on the causal connection between the protected attributes (age and disability) and the employer's decision to terminate employment. The court found that the applicant had not discharged the onus of proving that his age or disability was a reason for the dismissal.

Consequently, the court ordered that the application be dismissed.