Video Keech v Metropolitan Health Service
Casing
The applicant, Keech, was injured in the workplace at the age of 66. RiskCover, the insurance company of the Metropolitan Health Service, accepts responsibility and pays compensation under Workers' Compensation and Injury Management Act 1981 (WA) (UU WA). The WA law provides a different payment scheme where injured workers before reaching age 64 will be eligible for compensation until they are 65 years old, and workers injured after reaching this age will be entitled to compensation for a year after the date of the injury.
Keech believes that by paying compensation for the period specified by the WA Act, the Metropolitan Health Service has treated him less favorably than the younger employee who suffered workplace injuries at the same time as he did. He also argues that the behavior of the Metropolitan Health Service is not excluded from the Age Discrimination Act because it does not conform directly to the WA Act - that is, the WA Law sets the date on which the right to compensation may cease, but does not oblige employers to stop paying at this time.
Maps Keech v Metropolitan Health Service
Decision
Siopis J considers that the behavior of the Metropolitan Health Service is unlikely to constitute age discrimination, but it is not necessary to finally determine this issue, because after all they have directly obeyed the WA Law. His Majesty interpreted the WA Law as an obligation for the employer to pay compensation for a specified period of time and the respondent directly complied with this requirement. Thus, employer behavior is exempt from the Age Discrimination Act.
This article contains content originating from the October 2011 "Federal Discrimination Law", produced by the Australian Commission on Human Rights, licensed under the Creative Commons Attribution 3.0 Australia License.
Source of the article : Wikipedia
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