Cases Of Age Discrimination In The Workplace

Age discrimination cases are difficult to run and difficult to defend for the same reason. Almost nobody states the real motive, so the matter turns on inference from surrounding evidence rather than on a smoking gun.

Three things usually decide it. The comparator, meaning how a similar person of a different age was treated in a similar situation. The timing, because a sudden performance concern shortly after a birthday, a return from leave or a pension conversation invites an obvious question. And the documents, particularly the job advertisement wording, interview notes, and any redundancy selection matrix.

For employers the practical lesson is that the defence is built long before a complaint. Reasons recorded at the time, applied consistently, are worth more than a persuasive explanation constructed afterwards. Selection matrices should be checked for criteria that track age without naming it.

Complaints go to the Australian Human Rights Commission, which attempts conciliation before any court step. This is general information rather than legal advice, and a live matter warrants proper advice.

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