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


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..

View full abstract

University of Melbourne Researchers