Age

Age discrimination is the prejudicial or less favourable treatment of a person on the basis of that person’s age.[1] 

The Age Discrimination Act 2004 (Cth) defines ‘age’ as including an ‘age group’.[2]

Discriminatory action based on age NOT found

Silver v Rogers & Rogers

Silver v Rogers & Rogers [2012] FMCA 674 (8 August 2012), [(2012) 224 IR 439].

The applicant was 68 years old. He took a significant period of time off work due to becoming unwell with pneumonia and golden staph and was subsequently dismissed. He alleged that he was dismissed due to his age and/or physical disability.

The Court held that age was not an operative factor in the applicant’s termination, however his physical disability and health issues were.

Farah v Ahn & Anor

Farah v Ahn & Anor [2012] FMCA 44 (3 February 2012).

The applicant alleged that he was dismissed from his employment at a Sydney cafe due to his age (47 years).

The respondent was able to show that the applicant was dismissed because of a change in business objective. The Court said that age probably did not play any part in the applicant’s dismissal and it was not satisfied that the respondent had contravened s.351.