Age Discrimination pay out awarded to 75 year old bus driver
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18 May 2011
Posted in
Unlawful discrimination
The NSW Administrative Appeals tribunal full bench has recently awarded a 75 year old bus driver $25,323 in compensation after he was dismissed because of his age. The dismissal occurred after a low speed accident involving the bus driver. Prior to this, in 2007, the bus driver had had his hours reduced because he was “getting old” and he was told “that it was time for him to retire”.
The issue arose whether the bus driver was an employee or a contractor. The Full Bench found that the evidence established that the driver was employed by the company, due to indicator such as its provision of uniform and imposition of performance standards and the “ultimate control” the company exercised over him.
Relying on the first dismissal letter of 2007, the Full Bench found that it was not satisfied that the bus driver had been dismissed because of his performance and that the driver was treated less favourably than other drivers by having his hours cut.
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