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What can I do if I've been replaced by a younger employee with less skill and experience just because I'm older?

I am 59 years old and have been working as an administrative assistant for 3 years. Last week I was called into the office and informed that my position was no longer required and was offered a redundancy package. It has come to my attention that two new junior secretaries have been employed to carry out the same tasks. I feel I was discriminated against due to my age. What can I do?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 29-10-2015
1 Lawyer Answered
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Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Neha Sharma, Hillsdale 2036 NSW

  • Age discrimination is unlawful in Australia and if you feel you have been discriminated against due to your age you should speak to a lawyer as soon as possible to discuss your options.
  • Generally you may lodge a written complaint with the Australian Human Rights Commission. Once the commission receives the complaint it investigates the matter and acts as a facilitator to solve the problem between you and the employer.
  • If the complaint is not resolved through conciliation you may take further legal action and pursue litigation in court. You should always discuss your matter with a lawyer as litigation can be expensive and time consuming.

 

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