The applicant was 68 years old. He took a significant period of time off work due to becoming unwell with pneumonia and golden staph and was subsequently dismissed. He alleged that he was dismissed due to his age and/or physical disability.
The Court held that age was not an operative factor in the applicant’s termination, however his physical disability and health issues were.
The applicant alleged that he was dismissed from his employment at a Sydney cafe due to his age (47 years).
The respondent was able to show that the applicant was dismissed because of a change in business objective. The Court said that age probably did not play any part in the applicant’s dismissal and it was not satisfied that the respondent had contravened s.351.
 Butterworths Australian Legal Dictionary, 1997, 37.
 Age Discrimination Act 2004 (Cth) s.5.
Published by the Fair Work Commission (www.fwc.gov.au)
Last updated: 10 Dec 2021
Location on last update: https://www.fwc.gov.au/age