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Sacked Salesman Claims Age Discrimination After Refusing To Sign Contract

Sacked salesman claims age discrimination after refusing to sign contract

An older salesman is claiming age discrimination after he was sacked for refusing to sign a new contract.

The new contract would have resulted in him earning $30,000 less than his current wage.

As a result, the 64 year-old travelling salesman is taking his former employer to court for unlawful dismissal.

Salesman sacked for refusing pay cut

*John worked for the Brisbane-based company for four years, when he was presented with the new contract.

The terms of the contract reduced his earnings from $65,000 a year to $36,000.

Additionally, the new contract required him to work unlimited hours and unlimited days.

John says when he questioned the new deal, his mangers told him to “take it or leave it.”

During a meeting with a senior manager, John asked:

“What will happen if I don’t sign it?”

“You’ll probably lose your job,” the manager replied. 

And that’s exactly what happened.

Discrimination Claims takes case to court

Discrimination Claims filed a general protections claim the Federal Circuit Court.

Director of Litigation, Miles Heffernan, argued the new contract violates the terms of the Travelling Salesman Award.

“They’ve looked at him and decided he is not salesman and is therefore only covered by the minimum wage,” he said.

“As a result, the company decided it can do whatever it wants.

“They presented the new contract which stipulated our client can work unlimited hours, unlimited days of the week, and not get paid for it.

“Furthermore, they expected him to do all that for a measly $36,000 a year.”


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Age discrimination 

In addition to the general protections claim, Discrimination Claims also filed a discrimination claim.

Mr Heffernan alleges the company sacked John because of his age, considering him too old.

“They didn’t treat their younger salespeople the same way, which makes us believe that age is the real reason for his dismissal,” he said.

The parties will be ordered into mediation before the case goes further.

*name changed

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