Are employer-dismissed older workers adequately compensated? Comparison of Australian and UK age discrimination and dismissal cases
Bibliographic Data
| ID | 21349219 |
|---|---|
| Authors | Eliza Gardiner (0000-0002-2500-8549, QUT Business School, Australia, corresponding author), Jonas Debrulle (0000-0002-5346-9094, IESEG School of Management, Univ. Lille, CNRS, UMR 9221 - LEM – Lille Economie Management, France) |
| Year | 2023 |
| Volume | 65 |
| Issue | 5 |
| Pages | 534-561 |
| Publication date | 2023-11-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Journal of Industrial Relations (JOURNAL) |
| Journal identifiers | ISSN: 0022-1856 • E-ISSN: 1472-9296 |
| Publisher | SAGE Publications (PUBLISHER • US) |
| DOI | 10.1177/00221856231173862 |
| OpenAlex | W4377823781 |
| Language | EN |
| Citations received | 1 |
| References cited | 14 |
This paper focuses on the legal remedies for age discrimination and dismissal of older workers, identifying the factors that courts and tribunals in Australia and the United Kingdom (UK) consider when calculating compensation for two forms of damages: injury to feelings and future losses. A secondary aim is to determine whether these factors adequately consider the unique workforce participation challenges faced by older workers in both countries. Considering the similarities between Australian and UK age discrimination law and given that the latter jurisdiction has had considerably more successful cases than the former, this study adopts a comparative approach and draws on UK cases to inform the development of Australian age discrimination law. Analysis of all successful Australian and a selection of successful UK age discrimination and dismissal cases spanning from 2017 to 2020 suggests that Australian law might be strengthened by: adopting a scale of awards similar to the guidelines established in Vento v Chief Constable of West Yorkshire Police [2002] EWCA Civ 1871 (‘ Vento’) for recognising and awarding injury to feelings; and by more readily awarding future losses, particularly for claimants who plan to work or who are already working past retirement age
Age discrimination · Damages · Demographic economics · Dismissal · Economics · Feeling · Geography · Jurisdiction · Labour law · Political science · Scale (ratio) · Unfair dismissal · Work (physics) · Workforce · Discrimination and Equality Law · Elder Abuse and Neglect · Engineering · Law · Psychology · Retirement, Disability, and Employment · Social Psychology
| Unique citing works | 1 |
|---|---|
| Citations per year | 1 |
| Citation span | 2026 - 2026 (1) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 1 |