02 9809 7965
Language
Logo
Language
EMPLOYMENT LAW
DISCRIMINATION LAW
ABOUT US
OUR TEAM
NO WIN-NO FEE’ POLICY

Age Discrimination & Your Rights

Age Discrimination is when a person is treated less favorably than another person in a similar circumstance and less favorable treatment is because of the person’s age.

Age Discrimination is when a person is treated less favorably than another person in a similar circumstance and less favorable treatment is because of the person’s age.


Age is a protected attribute of an employee, as understood under s.351 of the Fair Work Act 2009.


Under Federal anti-discrimination law, age is also a protected attribute of an employee as understood under the Age Discrimination Act 2004.

That it is unlawful for an employer to discriminate against an employee on the grounds of an employee’s age, including but not limited to the following categories:

 

  1. a) in the terms or conditions of employment that the employer affords the employee; or

 

  1. b) by denying the employee access, or limiting the employee's access, to opportunities for promotion, transfer, or training, or to any other benefits associated with employment; or

 

  1. c) by dismissing the employee; or

 

  1. d) by subjecting the employee to any other detriment.


From there, the employee must prove whether the discrimination is either direct or indirect, as understood under s.14 and s.15 of the same Act.

For example, an employer may impose a policy that once an employee reaches a certain age, they can no longer participate in a certain work-related duty or activity. Such a policy imposes a condition or requirement or practice and if that practice is unreasonable and likely to have the effect of disadvantaging persons of the same age as the employee, then it is likely in breach of s.18 of the Act as claimed by the indirect discrimination in s.15.

Often age discrimination comes about in circumstances where we regularly receive phone calls from upset clients who tell us that their boss has said to them words to the effect that they are: “too old” and that they “should retire.” Managers and fellow employers berating their work colleagues in relation to their age, including harassing them about their retirement may well be defined as a detriment in their employment and/or depriving the Applicant of the benefit of working in a workplace free from discrimination and harassment.

We have also received phone calls from clients who say that their employer discriminated against them on the basis that it was imputed that by reason of the person’s age, they would be unable to keep up with technological advances and undertake various duties that require technical skill.

Other complaints that we have received, include employers who discriminate on the basis of a worker’s physical health and condition, which sometimes is a condition of their age, unavoidable and therein, may also lie a form of age discrimination which may be prosecuted in breach of s.18 of the Age Discrimination Act.

Connect Legal has been defending employee rights in relation to age discrimination and has filed numerous matters in the Australian Human Rights Commission and in the Federal Court jurisdiction and can assist you with any inquiries.

  

No-Win No-Fee Employment
& Discrimination Lawyers

Energy, Teamwork & Defending
One's Employment & Discrimination Rights

The Connect Legal Team can help you defend yourself and stand up to all forms of workplace discrimination.

Testimonials

I am 60 plus years of age, work for a very ASX listed bank, have been employed for over 30 years, and recently my newly appointed manager has made comments such as " when are you retiring, what are you going to do in retirement, do you want to reduce to 4 days a week, do you think you can cope with the new technology. These comments are very hurtful and I feel that it is because of my age. What are my legal rights?

Age Discrimination is when a person is treated less favourably than another person in a similar circumstance and that less favourable treatment is because of the person’s age. Section 18 of the Age Discrimination Act states, that it is unlawful for an employer to discriminate against an employee on the grounds of an employee’s age by dismissing an employee.


I am 55 plus years of age, and my manager has regularly raised issues regarding my performance. I told her I have been with the business for 15 years, I was heavily involved in its growth, and can still offer the business so much. She said, " may you need to learn new skills, the younger employees know it very well". I explained it is not an issue, but she had not given me support and resources and had given the other staff more help. She wants me to fail, but it had to do with my age, she just thinks I no longer fit in, please advise me.

Age Discrimination is when a person is treated less favorably than another person in a similar circumstance and less favorable treatment is because of the person’s age. Section 18 of the Age Discrimination Act states, that it is unlawful for an employer to discriminate against an employee on the grounds of an employee’s age by dismissing an employee.


I have been working for 23 years, as a fitter and turner for a very large manufacturing company, and my newly appointed manager has been picking on my work for no apparent reason. Recently, he made a comment about when am I considering giving up work, which I found very odd. Then out of the blue last week, I was called into his office and informed that the company has made a decision to make my position redundant. Yes, they paid me my notice and redundancy, but this is all got to do with my age, how can Connect Legal defend my employment and discrimination rights under the Age Discrimination Act 2004?

Age Discrimination is when a person is treated less favorably than another person in a similar circumstance and less favorable treatment is because of the person’s age. Section 18 of the Age Discrimination Act states, that it is unlawful for an employer to discriminate against an employee on the grounds of an employee’s age by dismissing an employee.



I have been working in a senior branch role for a large ASX-listed Bank for over 30 years. Lately, they have hired new executives who have been tasked with transforming the Bank’s operations. My Manager has made my life very difficult saying I will not be able to cope and understand the new technology systems. Furthermore, she has asked me when I plan to retire and if can I look after myself in retirement. I explained I enjoyed working at the Bank and want to stay for a couple more years. I also informed Human Resources about this bullying and heartless comments. Last week I was called in and informed my position was made redundant because of operations changes, which I cannot believe, it has all to do with my age. Connect Legal please assist.

Age Discrimination is when a person is treated less favorably than another person in a similar circumstance and less favorable treatment is because of the person’s age. Section 18 of the Age Discrimination Act states, that it is unlawful for an employer to discriminate against an employee on the grounds of an employee’s age by dismissing an employee.



I have worked as a boiler maker for the last 40-plus years with the same employer. The original owners were so nice to me and always encouraged me to upskill and do extra overtime. The business was sold two years ago to a large industrial company and the new managers have made my life very difficult. They said I am not fast enough and I cannot keep up with the pace of work. The bullying has been regular and systematic, it is now only the words, but it’s their behaviors such as not saying good morning and giving me a cold shoulder. I know my days are numbered. but my career should not come to an end like this. They just want me to leave, but my wife has said to stick it out. I have gone on workers' compensation now for over six months because of the bullying and last week the rehab provider said my employment has ended. Connect Legal please assist.

Age Discrimination is when a person is treated less favorably than another person in a similar circumstance and that less favorable treatment is because of the person’s age. Section 18 of the Age Discrimination Act states, that it is unlawful for an employer to discriminate against an employee on the grounds of an employee’s age by dismissing an employee.



I am 57 years of age, was recently made redundant, and have found it very difficult to find work. I have sent out 30 resumes for a clerical accounts position and have only secured a single interview. The interview went well, and I thought I may have landed the job. I rang the recruiter back after a week and she said the company employed a new university graduate. I explained I have been doing account payable duties for yonks I know MYOB and Xero back to front and she slipped it out they wanted someone, a little fresher with a learning mindset. I think it has to do with my age. Connect Legal please assist.

Connect Legal would love to assist, please contact our office at 02-9889 2239 our working hours are Monday to Saturday 8.00 am to 8.00 pm and we will have some in-depth discussions.

I work as a manager for a large independent alcohol and food retailer. Yes, the hours are grueling sometimes, I worked 50-plus hours and do not receive overtime pay. I spoke to the area manager, and he explained because I am on salary, I do not get overtime. He also explained that redundancies are coming very soon throughout the store network, but you will be safe. The other day they hired a new assistant manager much younger in age, and I was told to train him, which I did. Two months ago, they transferred me to the wretched graveyard store, and when this happens, you know your days are numbered. This is not fair and just, younger workers should not be promoted over me because I am older in age.

Over the last 20-plus years, we have regularly received inquiries of this magnitude. It is imperative you place your concerns in writing to the area manager and if you did not receive a sensible response then write to Human Resources. Indeed, age discrimination is rampant throughout the workforce, these so-called new-age managers are very careful not to use the words you are old and tired and nearing retirement. But as they say, the pen is more might than the sword, and it is necessary for you to speak up in writing to ensure you can safeguard your employment and discrimination.



I am a senior teacher at an education provider for mature-age students. I have been teaching for over 40 years and want to continue my employment for the next 5-6 years until I retire at age 65. Recently my employer advertised for the position of department head in the department where I teach at. I was disappointed that my employer advertised my position without informing me of its availability or offering me the job which I was overly qualified for given my extensive teaching history. When I approached HR about the issue, they said words to the effect of apologizing that they did not informing me about the position, and they had thought that I didn’t want any additional responsibilities close to my retirement. I explained that irrespective of my age, I had a lot to offer, and I would have loved to mentor other teachers in a departmental position. The HR Office thanked me and said words to the effect that they were looking for a long-term option. I feel like I have been discriminated against on the basis of my age. What are my rights in relation to being offered the departmental head position?
I have worked as a cleaner in the same hospital for over 20 years. I am aged in my early 60s and unfortunately, the repetitive physical work is taking a toll on my body. I have consulted a doctor and also had conversations with my managers, and I don’t have a specific disability, other than as the doctor advised, with age my ability is restricted. To my surprise, and shock I received a letter from my employer to the effect that I was required to undertake a fitness assessment because, in my employer’s view, my continued employment as a cleaner, given my age and health could be unsafe. I attended the assessment, and I was told that the expert workplace consultant, concluded that if I continued my cleaning duties, there was a risk of injury. My employer has not written to me advising me that my employment may be terminated because I can’t perform the inherent requirements of the job. I understand that my age has limited my physical mobility, but I can’t understand why my employer after 20+ years has not tried to accommodate my decline in my physical mobility, by offering me alternative duties or for example retraining me in another position. Can Connect Legal help me explain to my employer that despite my age, I still have a lot to give and learn?
I was hired as a Disability Service Worker and because of my excellent performance and diligent work ethic, I excelled as Senior Disability Service Worker and managed around 20 to 30 other Disability Service Workers. I am also in my mid-30s and several of my subordinates are older than me. Because of our age differences, I feel as though my subordinates envy my position. When I would assign them tasks, or when I point out development areas, I was told “Who do you think you are? you’re too young for this position anyway”, “Do you even have the right experience you need for this job?”, “You’re too young to know what you’re doing”. These comments were very hurtful, because I knew I got my promotion as a result of my hard work, and these comments completely invalidated that. A few weeks ago, I was terminated because of allegations made against me by one of my subordinates that are not true. I strongly believe that I was not welcomed because I was younger than many people in the workplace. Connect Legal, am I able to take action? Please advise.
Logo

Office Hours: 8am - 8pm Monday - Saturday

Main menu

Contact Us
"No Win-No Fee" Policy
Privacy policy

Contact

Subscription

© 2025 All Rights Reserved
Powered by Zegashop