South African labour laws lack a specified retirement age, and terminating an employee based on age may violate Section 187(1)(f) of the Labour Relations Act (LRA), which deems dismissals automatically unfair for arbitrary reasons such as age discrimination. Such dismissals can carry significant financial repercussions for employers. However, an exception is outlined in Section 187(2)(b) [...]
It is generally difficult in these times for a person to retire comfortably, and according to the South African Treasury, it is estimated that only 6 out of 100 South Africans can retire comfortably. In the current state of our economy, it makes it even more difficult. It is sometimes necessary for someone to work [...]
Unfortunately, not all employees can work for their entire lifetime. People naturally grow old, and soon they might be unable to perform tasks they once did with ease. Employees usually look forward to a time when they can take a well-deserved break. Yes, you guessed it, today we are talking about retirement. In terms of [...]
There is currently no specific law that provides at what age an employee must retire. The ordinary retirement age is usually between 60 to 65 years. An employee cannot be forced to retire unless their employment contract has a specified age which indicates when they must retire, or a rule contained in the workplace which [...]
Employers are often faced with employees who have aged and struggle to maintain the standard of work that they once performed. Though this is no fault of the employee, as ageing is a natural occurrence in the lives of each and every person, it may still have a negative impact on the productivity of an [...]
Section 187 of the Labour Relations Act lists a number of reasons for dismissal that are automatically unfair, meaning the dismissal is unfair by virtue of the reason for the dismissal. Once it has been established that the reason for dismissal is one of the reasons listed in section 187, the employer will not be [...]