As Australia experiences an ageing population, more people are staying in the workplace for longer. As a result, workforces are having to confront age-related discrimination more often. Age discrimination is the prejudicial or less favourable treatment of a person due to their age.
While age-related discrimination can affect employees of all ages, older employees are especially vulnerable, particularly those over the age of 50. Within Australia, both state and federal anti-discrimination laws prohibit age-based discrimination in the workplace.
The Fair Work Act 2009 (Cth) sets out some of the general workplace protections against age-related discrimination. For example, under the Fair Work Act, an employer cannot take adverse action against an employee or prospective employee due to their age. Adverse action can include any action that negatively impacts an employee’s work or working conditions, including doing, threatening, or organising any of the following:
- dismissal;
- injuring the employee in their employment, such as withholding an employee’s legal entitlements including pay or leave;
- changing an employee’s job to their disadvantage;
- not hiring someone; or
- offering an employee different and unfair terms and conditions for the job compared to other employees.
These protections apply to all employees covered by the national workplace relations system.
If you believe you have experienced age discrimination in the workplace, a general protections application can be commenced in the Fair Work Commission. If the adverse action involves dismissal, the limitation period for making an application is 21 days, beginning on the date the dismissal takes effect. If your general protections dispute does not involve dismissal, you may apply up to six years after the incident. But in either case, once the limitation period lapses, your claim will become-time barred.
For more information or to book an initial consultation, contact the office on 4036 9700 or visit our website at millerharris.com.au