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) of the LRA, stating that a dismissal based on age becomes fair once an employee reaches the "normal or agreed retirement age in that capacity".
A recent case, Seokwane v
The Applicant alleged that her dismissal by Bidvest Prestige Cleaning Services constituted an automatically unfair dismissal based on age, as per Section 187(1)(f) of the LRA.
The background to the dispute reveals that the Applicant, initially employed by
Moreover,
South African labour law prohibits unfair dismissal based on arbitrary grounds, including age. The case of Seokwane v Bidvest Prestige Cleaning Services exemplifies the importance of adhering to fair retirement practices and the consequences employers may face if found in violation of such regulations.
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.
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