Robertson v McDonald's Australia Limited (No. 8)

The case of Robertson v McDonald's Australia Limited (No. 8) involved Mr Robertson, who alleged age discrimination and the asking of unnecessary questions against McDonald's. The dispute was heard in the Queensland Civil and Administrative Tribunal. Mr Robertson, who was self-represented, filed and served a third statement of facts and contentions after his previous statements had been struck out. McDonald's made an application to strike out Mr Robertson's proceeding, arguing that his third statement did not put McDonald's on notice of the case it had to meet. The tribunal had to decide whether the third statement met the requirements for a statement of facts and contentions, and whether it adequately notified McDonald's of the case it needed to defend.

The tribunal found that Mr Robertson's third statement of facts and contentions did not adequately notify McDonald's of the case it had to meet. It was inconsistent with the complaint that the Queensland Human Rights Commission had accepted. The tribunal held that Mr Robertson's status as a self-represented litigant did not excuse him from the requirement to properly notify McDonald's of the case it had to meet. The tribunal also noted that Mr Robertson had not sought to amend his complaint in line with s 178 of the Anti-Discrimination Act 1991. The tribunal found that there was no confidence that Mr Robertson would file and serve a statement of facts and contentions that put McDonald's on notice of the case it had to meet. Consequently, the tribunal dismissed the proceeding.

Additionally, the tribunal dismissed further applications made by Mr Robertson as they were misconceived. The tribunal concluded that Mr Robertson's application for a declaration was not the appropriate remedy and that McDonald's, as a national system employer, was not subject to the Industrial Relations Act 2016 in respect of industrial matters. The tribunal also found that Mr Robertson was not directly affected by any declaration made by the Commission about the information McDonald's required applicants for employment to supply.

The tribunal ordered that Mr Robertson's proceeding in Case No. AD/2021/7 be dismissed, along with his applications in Case No. B/2023/27 and the existing proceedings. These orders were contained in paragraph [66] of the tribunal's reasons for decision.