2018-05-02
The complainant is 68 years of age and had been employed as a storeman at the respondent manufacturing company for 40 years. He had recently developed a back injury and claimed the company did not offer him light duties, retraining or redeployment. He alleged he was repeatedly asked when he would retire, was told "f**k off you're not going to [work for another five years]", and was accused of falling asleep at work. The complainant said the company terminated his employment because if formed the view he could not perform his role because of his injury.
The company claimed it discussed possible retirement with all staff, irrespective of age, for the purposes of succession planning. The company said the complainant fell asleep at work and this presented a health and safety risk to himself and others. The company advised that the complainant was away from work for over 12 months due to his injury and claimed the available medical evidence indicated he would be unable to perform the inherent requirements of his role because of his disability. The company claimed it was unable to identify adjustments or redeployment opportunities that could be offered to the complainant.
The complaint was resolved with an agreement that the company pay the complainant $55,000 less applicable tax and write to him thanking him for his significant contribution to the company and saying sorry that their recent interactions resulted in him not feeling valued.
Year
Discrimination type
Age Discrimination Act
Disability Discrimination Act
Grounds
Age
Disability
Areas
Employment
Apology
Compensation
Amount
$55,000