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Redundancy Arrangements and Age Discrimination

Legal Legal
Friday 14 December, 2012

Redundancy Arrangements and Age Discrimination


Human Rights Commissioner Report No. 2 - October 1997

This report concerns discrimination on the ground of age in employment and occupation. It deals with complaints against two state government employers about the use of age distinctions in the formulation of redundancy entitlements. The complainants submitted that the monetary value of the voluntary departure packages they received as employees over the age of 50, and on one case over 60, were substantially less than the value of packages offered to younger employees and constituted discrimination on the ground of age as defined in the Act. Attempts to conciliate the complaints were unsuccessful.

The Human Rights Commissioner found that the acts constituted discrimination on the basis of age. He recommended that the practice of discriminating against older employees in determining the value of voluntary departure packages be abolished and that the respondents be paid compensation for the losses suffered.

The Human Rights Commissioner also recommended the removal of age discrimination against older workers from redundancy entitlement provisions in employment laws, policies and practices and that the Commonwealth legislate to provide a comprehensive national prohibition of age discrimination.

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