<
https://theconversation.com/it-can-be-hard-to-challenge-workplace-discrimination-but-the-governments-new-bill-should-make-it-easier-218359>
"Alex Gutierrez worked for MUR Shipping and its predecessors for nearly 30
years. But in 2018 he was told, in line with company policy, it was time to set
a retirement date.
Gutierrez was moved to a fixed-term contract, asked to train his replacement
and ultimately resigned from his job. He then complained to the Australian
Human Rights Commission and brought his claim to court, alleging age
discrimination.
He won the case but he also lost.
The court found the company had discriminated. But Gutierrez’s damages –
A$20,000 - dwarfed his legal costs, which amounted to about $150,000. The low
damages also meant Gutierrez might have to pay MUR’s costs, as the damages were
lower than a previous settlement offer.
Gutierrez was the first person to win an age discrimination case in court in
the roughly 20 years the federal Age Discrimination Act 2004 has existed and
his situation explains why. You can win in court but still be hugely out of
pocket for your costs and your employer’s costs. Few people take the risk.
That problem will be largely eliminated under a new government bill before the
federal parliament. The bill would introduce a modified “equal access” cost
protection provision for discrimination claims."
Cheers,
*** Xanni ***
--
mailto:xanni@xanadu.net Andrew Pam
http://xanadu.com.au/ Chief Scientist, Xanadu
https://glasswings.com.au/ Partner, Glass Wings
https://sericyb.com.au/ Manager, Serious Cybernetics
