Federal Age Discrimination Law Finally Coming of Age: Gutierrez v MUR Shipping Australia

(2023) 36(3) Australian Journal of Labour Law

9 Pages Posted: 4 Jan 2024

See all articles by Alysia Blackham

Alysia Blackham

Melbourne Law School, the University of Melbourne; University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Date Written: September 21, 2023

Abstract

Age discrimination in Australia remains prevalent and pervasive. However, age discrimination law has led to few cases at the federal level, with claimants struggling to establish a successful claim. Gutierrez v MUR Shipping Australia Pty Ltd, the first successful employment case handed down under the Age Discrimination Act 2004, promises to fundamentally disrupt this status quo. This article considers the way Gutierrez might reshape the age discrimination law landscape, acting as a lightning rod case for claimants, and helping to re-balance the costs of claiming. It also considers the impact of costs orders in the federal discrimination jurisdiction. I argue that Gutierrez should prompt us all to challenge our assumptions and stereotypes about age, ageing and the utility of age discrimination law.

Keywords: age discrimination, Australia, employment, work, equality

Suggested Citation

Blackham, Alysia, Federal Age Discrimination Law Finally Coming of Age: Gutierrez v MUR Shipping Australia (September 21, 2023). (2023) 36(3) Australian Journal of Labour Law, Available at SSRN: https://ssrn.com/abstract=4578503 or http://dx.doi.org/10.2139/ssrn.4578503

Alysia Blackham (Contact Author)

Melbourne Law School, the University of Melbourne ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

HOME PAGE: http://https://www.findanexpert.unimelb.edu.au/display/person97769

University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Boalt Hall
Berkeley, CA 94720-7200
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
14
Abstract Views
132
PlumX Metrics