Resolved complaint (14) about age discrimination in employment

About the complaint

The complainant is 64 years of age and was employed by the respondent computer wholesaler and IT services provider. Employees under the age of 65 were covered by a group salary continuance insurance policy which provided a monthly income benefit in case of total or partial disability due to illness or injury. Employees who were members of the corporate superannuation fund were also covered by a death and total and permanent disability insurance policy which provided a lump sum payable on death or total and permanent disablement. Cover under the latter policy progressively decreased after an employee turned 60 years of age until age 65 when cover ceased completely. The complainant alleged the company discriminated against him on the ground of age by not providing him with the same insurance benefits available to other employees.

The company said that it was not contractually or statutorily required to offer these insurance benefits and that participation in these arrangements was therefore not a term or condition of employment. The company claimed that the age restrictions were features of the insurance policies it procured and that it was unable to control what insurance products were commercially available.

The complaint was resolved. The company undertook to inform staff impacted by the age restrictions as soon as possible and to look for policies with fewer age restrictions when it was time to source new policies. The company also agreed that if the complainant could source a policy in the market that covered him and that was capable of being salary sacrificed, it could facilitate the salary-sacrifice arrangements.

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