- Joined
- Jun 27, 2007
- Posts
- 10,743
- Qantas
- LT Gold
Re: Ask the pilot
Yes it has been challenged and lost. The definitive case is:
[h=2]Qantas Airways Ltd v Christie [1998] HCA 18; 193 CLR 280; 72 ALJR 634; 79 IR 120; 152 ALR 365 (19 March 1998) [/h]
A precis is here: australia
It is near the bottom of the page under the heading, "Intersting cases".
Well, that would have cut me out a week ago .
Is it universal or uniquely Australian?
Has anyone ever challenged it on age discrimination grounds? It seems contrary to the general principle of skill and health defining whether one is up to the task.
Yes it has been challenged and lost. The definitive case is:
[h=2]Qantas Airways Ltd v Christie [1998] HCA 18; 193 CLR 280; 72 ALJR 634; 79 IR 120; 152 ALR 365 (19 March 1998) [/h]
A precis is here: australia
It is near the bottom of the page under the heading, "Intersting cases".
The High Court found in Qantas’ favour on the basis of the second argument – that is, it was an inherent requirement of a pilot’s position to be able to fly over countries which were signatory to the Convention.
This decision is important because it establishes the principle that the ability to perform the inherent requirements of the position is not limited to being able to psychically perform the duties. The Court held that the ability to perform the inherent requirements of the position also required the employee to do the job within the particular operational setting of the employer.