Discrimination against contract workers
20 Discrimination against contract workers
It is unlawful for a principal to discriminate against a contract worker on the ground of the contract worker’s age:
in the terms or conditions on which the principal allows the contract worker to work; or
by not allowing the contract worker to work or continue to work; or
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
by subjecting the contract worker to any other detriment.
Exemption for inherent requirements
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.
In deciding whether the other person is unable to carry out those requirements because of his or her age, take into account:
the other person’s past training, qualifications and experience relevant to working as a contract worker; and
if the other person is already working for the principal as a contract worker—the other person’s performance as a contract worker; and
all other relevant factors that it is reasonable to take into account.
Definitions
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.
This Act’s bill:Explanatory memorandumSecond reading speech
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