(1)

It is unlawful for a principal to discriminate against a contract worker on the ground of the contract worker's age:

(a) in the terms or conditions on which the principal allows the contract worker to work; or
(b) by not allowing the contract worker to work or continue to work; or
(c) 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
(d) by subjecting the contract worker to any other detriment.

Exemption for inherent requirements

(2)

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.

(3)

In deciding whether the other person is unable to carry out those requirements because of his or her age, take into account:

(a) the other person's past training, qualifications and experience relevant to working as a contract worker; and
(b) if the other person is already working for the principal as a contract worker—the other person's performance as a contract worker; and
(c) all other relevant factors that it is reasonable to take into account.

Definitions

(4)

In this section: