Journal article
Why Do Employment Age Discrimination Cases Fail? An Analysis of Australian Case Law
Alysia Blackham
The Sydney Law Review | Sydney Law School | Published : 2020
Abstract
Employment age discrimination cases are notoriously unsuccessful in Australia. While it is arguable that most strong cases are settled through conciliation, serious questions remain: are those cases that proceed to the courts particularly weak? Or are there procedural or substantive legal hurdles that operate as barriers to the success of claims? As the first rigorous study of age discrimination case law across all Australian jurisdictions, this article evaluates these two questions, drawing on employment age discrimination case law at federal, state and territory level up to 2017. This article interrogates and maps, both qualitatively and quantitatively, potential legal barriers to age disc..
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Awarded by Australian Government
Funding Acknowledgements
Associate Professor and Discovery Early Career Research Fellow, Melbourne Law School, University of Melbourne, Victoria, Australia. Email:alysia.blackham@unimelb.edu.au; ORCID iD: 0000-0002-8149-4887. This research was funded by the Australian Government through the Australian Research Council's Discovery Projects funding scheme (Project DE170100228). The views expressed herein are those of the author and are not necessarily those of the Australian Government or Australian Research Council. I gratefully acknowledge research assistance provided by the Melbourne Law School Academic Research Service, and the insightful comments of the anonymous reviewers and participants at the Australian Labour Law Association 9th Biennial Conference, where this research was first presented.