Anti-Discrimination Board of NSW

Could not fulfil requirements of job

Conciliation: Age discrimination in employment

Published: 6 June 2019

A man believed he was a victim of age discrimination when he was not offered employment after getting a driving licence specifically for the job.

Story

A man applied for a job in male dominated industry for which the advertisement listed a manual truck licence as essential.  He was told that he could not be considered without the licence so he invested in obtaining the licence. 

When he had difficulty acquiring the licence, the employer suggested that the acquisition of an automatic licence would allow him to proceed to the next step in the recruitment process. Upon successful completion of his driving test, the man was contacted to undergo a pre-employment medical and during the registration process for the medical his age was identified.

The doctor allegedly said that the man was fit to work but the employer said that his test results would need to be assessed by their Health and Safety Officer before he could be offered employment. When the man did not hear from the employer for several weeks, he contacted them and was told that he was not successful in his application.

The man lodged a complaint of age discrimination, claiming that he did not receive the job because his age was above the average for employees in the industry. At conciliation, the employer denied that the complainant's age had been one of the reasons that his application was unsuccessful. They said he did not get the job because his medical tests indicated that he would not be able to fulfil some of the inherent requirements of the job.

Recognising that the complainant had made a financial investment in obtaining his truck licence, the employer agreed to pay him $2200.  This was a significant contribution to the expenses which the complainant had incurred.

More information on age discrimination

Back to Equal Time Newsletter - June 2019

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