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2018-08-01

The complainant is 73 years of age and was employed in a senior management role by the respondent metallurgy business. She alleged the business manager discriminated against her because of her age and sex, including by commenting that she ‘couldn't work forever’, asking her to nominate a retirement date, referring to her as ‘back office staff’ rather than senior management, excluding her from senior management meetings, refusing to give her a pay rise and relocating her to a different building isolated from head office. 

The company claimed the complainant commented that she would ‘not be around’ in the future and that discussions about possible retirement were conducted as part of succession planning processes. The company said the complainant was relocated due to a business restructure and not because of her age or sex. The company said the complainant was included in meetings relevant to her work and was one of several staff who did not receive a pay rise that year.

The complaint was resolved with an agreement that the complainant’s team would be renamed to more accurately reflect the work it performed, location of meetings would alternate between the complainant’s workplace and head office and the company would deliver training on equal employment opportunity to all staff. It was also agreed the company would not initiate any retirement discussions with the complainant, she would meet with her business manager weekly to discuss communication and any other concerns and she would receive a pay-rise the following year, pending overall business performance.

 

Year

Discrimination type
Age Discrimination Act
Sex Discrimination Act

Grounds
Age

Areas
Employment

Outcome details

Revised terms and conditions

Anti-discrimination/EEO training introduced

Amount