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An Australian worker who was fired because he turned 65 years old was unfairly dismissed and will be paid out more than $40,000 after a win at the Fair Work Commission.
The ruling comes as Australia's technology sector grapples with skills shortages while older workers report widespread age discrimination, raising questions about why experienced professionals are being pushed out of the workforce when their expertise is much needed.
In this case, a well-performing worker discovered a clause in their contract that they would be forced into retirement when they turned 65 years old.
But the Fair Work Commission (FWC) found that such a contract clause was in breach of Australian law and that the dismissal of the worker was harsh, unjust and unreasonable.
The case demonstrates the dangers of age discrimination by employers, and the importance of ageing workers being aware of their rights in the workplace.
The unfair dismissal case was brought by Shicong Sun, who had worked as a “chauffeur-cum-messenger” for the Consulate General of India in Sydney for a decade.
This role involved him driving passengers, running errands and delivering and handling post, paperwork and correspondence.
FWC heard that he had performed this role with no issues across the 10-year period.
But the employment contract signed in 2015 included a clause that Sun would retire from the role once he turned 65 years old.
When Sun was 64 years...
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