AGE DISCRIMINATION ACT 2004 No. 68, 2004 - SECT 20 Discrimination against contract workers
AGE DISCRIMINATION ACT 2004 No. 68, 2004 - SECT 20
Discrimination against contract workers- (1)
- It is unlawful for a principal to discriminate against a contract worker on the ground of the contract worker's age:
(a) in the terms or conditions on which the principal allows the contract
worker to work; or
(b) by not allowing the contract worker to work or continue to work; or
(c) by denying the contract worker access, or limiting the
contract worker's access, to any benefit associated with the work in
respect of which the contract with the employer is made; or
(d) by subjecting the contract worker to any other detriment.
Exemption for inherent requirements
- (2)
- Paragraph (1)(b) does not make it unlawful for a principal to discriminate against another person, on the ground of the other person's age, if the other person is unable to carry out the inherent requirements of a contract worker because of his or her age.
- (3)
- In deciding whether the other person is unable to carry out those requirements because of his or her age, take into account:
(a) the other person's past training, qualifications and experience relevant
to working as a contract worker; and
(b) if the other person is already working for the principal as a contract
workerthe other person's performance as a contract worker; and
(c) all other relevant factors that it is reasonable to take into account.
Definitions
- (4)
- In this section:
-
"contract worker" means a person who does work for another person under a
contract between the employer of the first-mentioned person and that other
person.
"principal", in relation to a contract worker, means a person for whom the contract worker does work under a contract between the employer of the contract worker and the person.