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Older workers a ‘legal liability’

Australia’s ageing workforce could pose a threat to businesses as older workers potentially “open-up” employers to a range of workers’ compensation lawsuits. The warning comes just days after Australian Bureau of Statistics data shows the number of older workers in Australia has doubled within the past 10 years.

Posted
by Carey Heart

Australia’s ageing workforce could pose a threat to businesses as older workers potentially “open-up” employers to a range of workers’ compensation lawsuits.

The warning comes just days after Australian Bureau of Statistics data shows the number of older workers in Australia has doubled within the past 10 years, with more than 1.93 million workers aged over 55.

Legal expert Andrew Douglas told SmartCompany older workers may be a “legal liability” to businesses, which should ensure staff are consistently able to perform their physical duties at work as they age.

“You have this dilemma where there are nurses in an ageing workforce – and there’s a risk there. And these things are not just acute injuries that pass quickly, this is about people who may no longer be able to perform the same duties,” he said.

Mr Douglas recommended employers create a clear job description that gave a task assessment, outlining a summary of the mental and physical tasks required.

With the problem expected to worsen as the population continues to rapidly age, Mr Douglas said a “flood” of these claims would emerge and warned the solution was not a “simple one” as workers may have fitted a job description in the past, but as they age, the ability to perform those same tasks may have deteriorated.

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