The Aging Workforce

Gardiner, Elliroma; Chen, Mego Kuan-Lun

doi:10.1007/978-3-030-29010-8_22

Cited by 2 publications

(2 citation statements)

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“…However, despite considering similar factors, the results of this research reflect that there are differences in terms of the consistency in awarding compensation for injured feelings as well as the willingness to award future losses. This adds to the well-established literature documenting the challenges faced by older workers (see Gardiner and Chen, 2022 for a review).…”

Section: Discussionmentioning

confidence: 72%

“…Nevertheless, it must be acknowledged that there are limits to this assumption, given that it has been well established in the literature that working capacity, cognitive abilities, motivation, and health status become more heterogeneous with age (Gardiner and Chen, 2022). Therefore, there is potentially a large gap between state retirement age and the age at which an individual chooses to no longer work permanently.…”

Section: Discussionmentioning

confidence: 99%

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Are employer-dismissed older workers adequately compensated? Comparison of Australian and UK age discrimination and dismissal cases

Gardiner

Debrulle

2023

Journal of Industrial Relations

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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.

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Section: Discussionmentioning

confidence: 72%

Section: Discussionmentioning

confidence: 99%