After applying unsuccessfully for two jobs at a South Island electricity distribution company, a 62-year-old man asked to view the CVs, applications, employment history, listed qualifications, experience and other information relating to the people appointed to the roles.

The man was a former long-term employee, having spent 33 years with the company between 1975 and 2008, and argued that he had more skills and experience than the successful candidates and had been a victim of age discrimination.

According to research by OCG Consulting, as many as 60 percent of older workers believe they have been subjected to or have witnessed age discrimination through the withholding of promotions, training and assignments or tasks.

The risk of discrimination, though, is not limited to senior members of the workforce. Just as some applicants can be deemed "over qualified", others can be considered under qualified because of their age.

In the case referred to earlier, the Human Rights Tribunal held that the 62-year-old man was entitled to view the CVs, applications, employment history, listed qualifications, experience and other information relating to the applicants.

It is an example all employers, when they are reading through applications and CVs, and meeting candidates in the interview room, would be wise to remember. Not only are situations like these stressful for all concerned, they can be damaging as discounting a candidate on the basis of their age is unlawful under the Human Rights Act 1993.

With an ageing population and the growing tendency for people to keep working in some shape or form beyond the traditional retirement age, it is a potential issue many employers could face.

As a starting point, no assumptions about a person's physical or cognitive capabilities should be made on the basis of their age – whether they are a prospective or current employee. There are some 70-year-olds who are physically fitter than some 20-year-olds. And any suggestion that older workers do not adapt to technological change quickly can be strongly challenged.

Every person should be assessed on the basis of the requirements of the job and their capabilities, regardless of age.

That is not to say that age-related performance or safety issues do not arise. In some cases, older workers can struggle to perform some of the tasks they once could, and this can be detrimental to their own wellbeing and the organisation or company they work for.

If an employer has concerns about a staff member's ability to perform the tasks involved in their job (whether seemingly age-related or otherwise), these should be raised with the employee and they should be given a full and fair opportunity to address any issues.

In some situations, a "fitness for work" assessment by a doctor or occupational therapist can be useful as it can impartially identify any limitations and provide recommendations as to how they might be accommodated.

Employers should take the time to review their hiring and employment practices and processes to ensure they are not looking at things through a biased (and unlawful) age lens.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.