Dismissal
Do equal opportunity laws apply to unfair dismissal?
Yes, but only if the decision to fire a worker is unfair and discriminatory. In other words, if their employment is terminated based on personal characteristics, like disability, race, age, sex, sexuality, pregnancy or marital status.
Can I terminate someone's employment once they reach 65 years of age?
No. There is no compulsory retirement age in South Australia. Forcing staff to retire at 65 is now prohibited by age discrimination laws.
Can I sack junior staff when they become eligible for senior wages?
No. Dismissing a junior or reducing their hours as they get older and their hourly rate increases can lead to a complaint of age discrimination being made against you.
Can I terminate someone's employment if they get sick or injured?
Not unless they are no longer able to perform the duties of the job. Even then, you should confirm whether reasonable adjustments could be made to allow them to continue to perform their work.
Related information
Types of discrimination: age, disability
Places of discrimination: employment
EO for business: firing staff
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