Help the community and expand your practice! Find out how.
Already registered? Login here.
Question Details: I work for a large company. I have been denied a promotion and the only reason provided was by the company was that I was too young. Is this legal?
Filed under Employment Law | 1512 View(s)
Community Law Wellington & Hutt Valley
Generally, no. If you are over sixteen, the general rule under the Human Rights Act 1993 is that it's illegal for others to discriminate against you on the grounds of your age.
There are exceptions to this rule - for example where a particular age is genuinely required for safety reasons. These exceptions can be found by clicking on this link: www.hrc.co.nz.
Read more about discrimination in employment here: www.communitylaw.org.nz. If none of the exceptions apply to you, you can complain. Your employer's internal complaints process is a good place to start. Make sure you make your complaint clear. Read more about making a complaint to your employer here: www.communitylaw.org.nz. The most important thing to note is that you need to complain within 90 days of the event you're complaining about (so, within 90 days of being denied a promotion).
You also have the option of making a complaint to the Human Rights Commission (at www.hrc.co.nz). The Human Rights Commission can provide you with advice and information, and may even mediate your complaint.
You can find more information about age-based discrimination on the Human Rights Commission's website: www.hrc.co.nz
Answered 28 Jan 2013. The IMPORTANT NOTICE below is part of this answer.
IMPORTANT NOTICE:
The answer provided above is intended for general informational purposes only and cannot be
considered a substitute for face-to-face legal advice. It should not be relied upon as the sole
basis for taking action in relation to a legal issue. Laws change frequently, and small
variations in the facts, or a fact not provided in the question, can often change a legal
outcome or a lawyer’s conclusion. No liability whatsoever is accepted by the authors or
publishers of the answer, for loss, damage or inconvenience arising in any way from the use of
this site. While each answer has been published by a lawyer with a practising certificate, that
person may not necessarily have experience in the particular area of law involved.
For more information about this website, please review our
Terms of Use.