Austin Health v. Tsikos, Court of Appeal, Supreme Court of Victoria (2023)

In the case of Austin Health v. Tsikos, the respondent claimed that she had been directly discriminated against in her employment based on her age and sex. She claimed she had been denied the opportunity to renegotiate her salary which was at the rate specified in the enterprise agreement, despite (among other things) being paid considerably less than a male employee who reported to her, who was classified at a lower grade under the enterprise agreement, but was paid well above the rates specified in the enterprise agreement. The Victorian Court of Appeal dismissed the employer’s appeal, agreeing with the trial judge that there was a 'composite picture' of unfavourable treatment advanced by the respondent, including six failed or blocked attempts to negotiate a higher salary. The Court found it was valid for the respondent to use a comparator, being the male employee who reported to the respondent to demonstrate the discrimination, and that this was not a simplistic comparison.

Topics

• Employment discrimination
• Gender discrimination

Geographical location

• Australia and Oceania
• Australia
• Victoria

Keywords

• comparator
• salary negotiation
• pay discrimination

Year

• 2023

External URL

• Austin Health v. Tsikos, Court of Appeal, Supreme Court of Victoria (2023)

Court

• Supreme Court of Victoria Court of Appeal

Type

• Domestic Case Law

Jurisdiction

• Australia