Age - direct

Age - indirect

Employment

Employment - reinstated

Financial compensation

Apology - private

$3,000

The complainant advised she is 60 years old. She said she had been employed with the respondent club for two years as a casual employee doing clerical and administrative duties but had recently been made redundant. The complainant alleged she was selected for redundancy because of her age and claimed that a younger person was subsequently employed in her position.

The club confirmed the complainant's employment had been finalised for operational reasons. The club said new staff members were employed with specific skills to undertake particular tasks and as a result, the complainant's duties were incorporated into other positions. The club denied that a younger person was employed in the complainant's position. The club advised that the company directors were not aware of the manager's decision to make the complainant's position redundant.

The complaint was resolved at a conciliation conference. The club agreed to reinstate the complainant to her former position, pay her $3,000 general damages and provide her with a letter of apology.

Age - direct

Age - indirect

Employment

Employment - reinstated

Financial compensation

$5,000

The complainant advised that she is 50 years old and works on a casual basis as a customer service representative with the respondent car hire company. The complainant said she had worked with the company for a number of years and was originally employed on a full-time basis. The complainant claimed that at a meeting with her manager, she requested a permanent part-time position and a roster change so she could be allocated more hours. She said the manager declined her request and suggested she consider going to work for establishments where '... 50 to 60 old ladies scan products they really do not know anything about'. The complainant claimed that following this meeting, her working hours were reduced and she believed this was because of her age.

The respondent company said the alleged incident involving the manager was investigated and the manager was counselled for making the comment to the complainant. The company denied that the complainant's request for a permanent part-time position and a roster change was rejected because of her age and advised that the decision was based on operational requirements.

The complaint was resolved with an agreement that the complainant would be appointed to a permanent part-time position and provided with an ex gratia payment of $5,000.

Age - direct

Age - indirect

Employment

Employment - other opportunity provided

The complainant, who is 64 years of age and a professor at the respondent university, claimed that he is required to retire when he reaches 65 years of age. The complainant said he recently received a three-year research grant which named him as the administrator of the grant but the university told him that because of his pending retirement, he cannot take on this role.

The university advised that its statute, which is an instrument with legislative effect, states that professors can only hold office until the end of the calendar year in which they reach 65 years of age. The university said it must act in accordance with the statute and claimed the exemption under section 39 of the Age Discrimination Act applies.

The matter was resolved through a conciliation process. The parties agreed that the university would employ the complainant as a professor on a fractional three year fixed term contact prior to his retirement and would appoint him as principal investigator for the research grant.

Age - direct

Age - indirect

Employment

Apology - private

Statement of regret - private

The complainant was employed with the respondent transport service on a casual basis as a driver/carer. He claimed that at the interview for the position, the manager referred to him as being of 'pensioner age'. He also alleged that during his employment he was harassed if he was not able to work a particular shift and was refused training because he was considered to be too old. The complainant said he resigned from his employment.

The respondent organisation denied discriminating against the complainant because of his age. The organisation said the complainant received training and support during his employment and voluntarily resigned after an incident when he forgot to pick up a client.

The complaint was resolved with an agreement that the organisation would provide the complainant with a written statement of regret and the individual manager would provide a verbal apology.

Age - direct

Employment

Undertaking to cease action

The complainant is 70 years of age and a church official. The complainant claimed the church authority in his region had introduced a new rule which meant that officials over 70 years of age could no longer conduct key aspects of church duties.

When advised of the complaint, the church authority indicated a willingness to try to resolve the matter at a conciliation conference.

The complaint was resolved with an agreement that the church authority would revoke the new rule and so allow the complainant, and other similarly situated church officials, to continue their duties on the same terms and conditions.

Age - direct

Age - indirect

Employment

Apology - private

Financial compensation

$1,538

The complainant, who is 54 years of age, said he applied for a position at the respondent retail store and was offered the position subject to referee checks. He claimed that one of his referees told him that when the manager called him, he asked how old the complainant was and responded negatively to this information. The complainant was not employed and he alleged this was because of his age.

On being advised of the complaint, the respondent company indicated a willingness to try to resolve the matter.

The complaint was resolved with an agreement that the company would provide the complainant with an apology and pay him an amount equivalent to two weeks wages to compensate him for any inconvenience caused by the recruitment process.

Age - direct

Age - indirect

Employment

Financial compensation

$3,000

The complainant, who is 32 years of age, was employed by the first respondent (a recruitment agency) to work as an apprentice with the second respondent company. The complainant alleged staff at the company, including his supervisors, made age based comments such as “Why would you want to be an apprentice at your age?”. The complainant said he injured his foot at work and reported the incident but was told he would lose his job unless he deleted the work injury report. He claimed the company did not accommodate his injury and he was also counselled for asking for union representation. The complainant said the company terminated his employment and the recruitment agency refused to find him further work. The complainant alleged discrimination on the ground of his age, disability and trade union activity.
 
The company denied discriminating against the complainant and said the complainant's employment was terminated because of a restructure which involved many staff being made redundant. The recruitment agency said it tried to find the complainant further work but he did not follow through with an arranged interview.

The complaint was resolved after the company agreed to pay the complainant $3,000 compensation. The complainant withdrew the complaint against the recruitment company.

Age - direct

Age - indirect

Employment

Policy change/change in practice (internal staff)

The complainant, who is 58 years of age, applied for a warehouse position with the respondent transport company. The complainant said that at the interview, he was asked whether he could work with young people and how long he planned to work for.  The complainant's application was unsuccessful and he alleged this was because of his age.

The respondent company denied age was a factor in its decision and provided an explanation for why the complainant was not appointed. The company acknowledged that its interview procedures could be improved.  

The complaint was resolved with an agreement that the company would review it practices, policies and procedures regarding recruitment.

Age - direct

Employment

Financial compensation

$3,000

The complainant alleged he was discriminated against on the basis of his sex and age when he applied for a position as a coach at a fitness centre. He claimed he was told he was too old and that he would be incapable of catering to the centre's female clientele.

The fitness centre agreed to participate in conciliation, prior to providing a written response to the allegations.

The complaint was resolved with an agreement that the fitness centre would pay the complainant $3,000 financial compensation.

Age - direct

Age - indirect

Employment

Financial compensation

Statement of regret - private

$32,000

The complainant, who is 60 years old, had been employed as a lecturer at the respondent education institution for a number of years on a series of fixed term contracts. The complainant claimed that her contract was not renewed and she had been referred to as “at the end of her career and at the retirement age”. The complainant alleged age discrimination in employment.

The institution agreed the complainant’s contract had not been renewed but said this was not because of her age but rather because of a decrease in enrolments in the specific subjects the complainant taught.

The complaint was resolved though a conciliation process with an agreement that the institution would pay the complainant $10,000 general damages and $22,000 as an Employment Termination Payment. Representatives of the institution also agreed to provide the complainant with statements of regret.

Age - direct

Employment

Financial compensation

$165

The complainant, who is 53 years old, works on a casual basis as a security officer. The complainant claimed he was sent to the respondent hotel to do an evening shift but when he arrived, he was told he was too old to work at the hotel because of its younger clientele.  

The hotel manager denied discrimination on the grounds of age. The manager said that as the hotel had not engaged a security officer for that evening, he asked the complainant if he had come to the correct place. He claimed he asked the complainant to wait while he called the security company but the complainant left.  

The complaint was resolved with an agreement that the hotel would pay the complainant $165 which represented the expenses he had incurred that evening.  

Age - direct

Employment

Apology - private

Training - anti-discrimination/EEO staff training introduced

The complainant, who is 57 years old, said he had been employed with the respondent community organisation for two years. The complainant claimed the organisation reduced his working hours and then terminated his employment because of his age. He said there was an internal email which referred to him as "old" and said he was being replaced by someone "young".

The respondent organisation said the complainant's working hours were reduced at the complainant's request and his employment was terminated due to poor performance and a misconduct issue.

The complaint was resolved with an agreement that the respondent organisation would provide the complainant with an apology and arrange EEO training for staff.

Age - direct

Age - indirect

Goods/services & facilities

Provision of goods/services/facilities

The complainant and her two friends are all between 20 and 21 years of age. They claimed that when they tried to book a cruise with the respondent company, they were told their booking could not be accepted because they were not all over 21 years of age and were intending to travel without a legal guardian.

The respondent company advised the Commission that for safety and security reasons, it is their policy not to allow passengers under 21 years of age to travel without a legal guardian.

The complaint was resolved after the respondent agreed to accept the booking of the complainant and her friends.

Age - direct

Age - indirect

Goods/services & facilities

Policy change/change in practice (external customers)

Goods/services/facilities provided

The complainant, who is 18 years of age, tried to book accommodation for five people at the respondent holiday park. He said that when he mentioned he and his friends were under 20 years of age, he was told the park could not accept his booking. He said he was told that because of concerns about noise, the park did not accept bookings from people under 20 years of age who are not accompanied by an adult.

The complaint was resolved when the manager of the holiday park apologised to the complainant and agreed to change the policy.  

Age - direct

Superannuation/insurance

Record changed

Complainant satisfied with response/information provided/action taken

The complainant who is over 70 years of age, complained that once he reached 70, his superannuation scheme stopped providing incremental increases in the calculation of his final pension. He claimed members who are 69 or younger get an annual 2% increase in their pension.

After being advised of the complaint, the respondent company reviewed its records and found that the complainant was entitled to receive the requested benefits. The complainant was satisfied with the action taken by the respondent company