Mine worker loses discrimination case against Newlands Coal

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A CENTRAL Queensland mine worker has lost his discrimination claim against his former employer.

Michael Sean Allen, 53, alleged his former employer Newlands Coal had discriminated against him based on a refused opportunity in June, 2012, to be trained on an excavator, or digger, as it is commonly referred to in the industry.

Newlands Coal operates various open cut mine pits located at Eastern Creek, McLaren, Saddlers, Somerland and Wollombi in Central Queensland.

The Queensland Civil and Administrative Tribunal heard, during a two-day hearing in November last year, that Mr Allen's immediate supervisor had allegedly said to him "I want younger go getters on diggers."

Mr Allen also claimed he was victimised after making the complaint, before resigning in January, 2013, because he felt uncomfortable working for the organisation.

Tribunal Member Joanne Browne, in delivering her findings, concluded there was not enough evidence before her to substantiate Mr Allen's allegations.

"I am not satisfied based on the evidence before me Mr Allen was treated less favourably because of his age than other employees in being refused training on an excavator," she said.

"Mr Allen was given many opportunities at Newlands to be trained on other equipment.

"Furthermore, there is evidence Newlands gave other employees aged 50 years and over the opportunity to be trained on an excavator."


Topics:  court discrimination mining

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