A West Australian labour hire company has been found to have discriminated against a 70-year-old worker because of his age.
The Federal Court ruled on Friday that CoreStaff WA took adverse action when it refused to hire the qualified grader operator for a role in the Pilbara in October 2018.
The court heard a Gumala Enterprises human resources adviser emailed a CoreStaff area manager citing concerns about the applicant's age and received the response: "Yes will certainly keep looking."
The area manager then emailed the man, saying "no joy with the role ... due to your age mate".
CoreStaff, however, argued there was no refusal to employ the worker because there was no vacancy.
"I find that age was a substantial and operative reason for refusing employment," Justice Katrina Banks-Smith said.
A penalty hearing will be heard at a later date.
Gumala has previously made admissions as to liability, the Australian Building and Construction Commission said.