Unlawful Discrimination: Pay out awarded to 75 year old bus driver

The issue arose whether the bus driver was an employee or a contractor. The Full Bench found that the evidence established that the driver was employed by the company, due to indicator such as its provision of uniform and imposition of performance standards and the “ultimate control” the company exercised over him.

Relying on the first dismissal letter of 2007, the Full Bench found that it was not satisfied that the bus driver had been dismissed because of his performance and that the driver was treated less favourably than other drivers by having his hours cut.