Anti-Discrimination Board of NSW

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Removed because of age despite "exceptional" work - Age discrimination

​Conciliations - Employment

The complaint was 65 years old and was employed as a maintenance worker by company A. The complainant's employer provides labour services to company B. The complainant's usual place of work was at the worksite of company B, where he worked under the direction and control of company B.

image of old man with stack hat and laptopThe complainant alleged that company B discriminated against him on the basis of age when the site manager directed his employer (company A) to take him off the site because he was too old and was a liability. He also alleged that company A aided and abetted company B in its discrimination by acceding to company B's request to have him removed.

The complaint was resolved following conciliation when the managers of both companies acknowledged that the complainant was an exceptional and conscientious worker who should not have been removed from the site.

The complainant accepted verbal statements of regret provided at the conference and an invitation to return to the work site. He also accepted a monetary payment of $7,400 in settlement of all his claims against both respondents, which included lost wages. ​

​​​Back to December 2015 - ​​Equal Time Newsletter​

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