Unfair dismissal and age

As noted by Vice President Lawler in Sexton v Pacific National (ACT) Pty Ltd: 272

“Relevantly advanced age and long service can render harsh a termination that would not be harsh in the case of identical conduct by a younger person with relatively short service. Nevertheless, age and length of service simply remain a factor to be taken to account in considering whether the termination was harsh, unjust or unreasonable and in applying the principle of a “fair go all round.”

Odgers v Central Queensland Services Pty Ltd – [2019] FWC 7150 delivered 15 October 2019 per Hunt C