Retirement Archives - GilesFiles

Exceeding retirement age: Age discrimination?

by GilesFiles | Jun 20, 2025 | 2020 onwards, AB - Law generally, AUD, Bill of Rights, Causes and defences, Connie Prinsloo, Courts, Declaratory, Discrimination (LRL 11), Evidence & onus, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Operation of law, Orders, Parties, Personal services, Refused, Resolving disputes (LRL 3), Retirement, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Universities and schools | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Automatically unfair dismissal: Two-tier retirement age?

by GilesFiles | May 15, 2025 | 2020 onwards, AL - ILO, Applications, AUD, Automatic, Bill of Rights, Causes and defences, Courts, Declaratory, Discrimination (LRL 11), EEA Chpt II ss 5-11, Employ Equity (LRL 12), False assumptions, Fixed-term, ILO Convention 111/1958, ILO Convention 158/1982, ILO Conventions, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Management, Objective - correctness, Operation of law, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Retirement, Review tests, RGO Lagrange, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade, Words & phrases, Work Science Institute | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Agreed retirement age: Stop work and leave?

by GilesFiles | Feb 7, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Applications, AUD, Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Discrimination (LRL 11), Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, LRA D: 151-166 LC, MR Makhura, Operation of law, Orders, Parties, Pleadings: amending, Private enterprises, Resolving disputes (LRL 3), Retirement, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 0 |

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Bargain snatching considered: Alleged contract invalid

by GilesFiles | Jan 21, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Common law, Contractual breach, Courts, Declaratory, General, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, Objective - correctness, Orders, Parties, Personal services, Resolving disputes (LRL 3), Retirement, Review tests, Rules Codes & Manual, Sectors, Termination (LRL 8), Topics, Universities and schools | 0 |

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Age discrimination considered: LRA s 187(2)(b): Rogers J

by GilesFiles | Dec 20, 2024 | 2020 onwards, 2020 onwards, AB - Law generally, AB1 - Fairness principle or concept, Allowed, Appeals, Appeals - leave, AUD, Automatic, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Costs, Courts, Declaratory, Deemed, Dignity equality freedom, Disallowed, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Evidence & onus, False assumptions, Fixed-term, Hearing procedure, Insights, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Relations, Landmark judgments, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, Logistics, LRA 1995, LRA 8a: 185-197B Dismissal, Management, Notice requirements, OL Rogers, Operation of law, Orders, Parties, Private enterprises, Protectable interests, Provisos, Public policy, Resolving disputes (LRL 3), Retirement, Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Age-based discrimination: Section 187(2)(b) of LRA?

by GilesFiles | Dec 20, 2024 | 2020 onwards, 2020 onwards, AB - Law generally, AB1 - Fairness principle or concept, Allowed, Appeals, Appeals - leave, AUD, Automatic, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Costs, Courts, Declaratory, Deemed, Dignity equality freedom, Disallowed, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Evidence & onus, False assumptions, Fixed-term, Granted, Hearing procedure, Insights, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Relations, Landmark judgments, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, Logistics, LRA 1995, LRA 8a: 185-197B Dismissal, Management, Markets in SA, Notice requirements, Operation of law, Orders, Parties, philosophy / economics, Policies - all, Private enterprises, Protectable interests, Provisos, Public policy, Resolving disputes (LRL 3), Retired judges, Retirement, Review tests, RMM Zondo, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade | 0 |

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Age discrimination considered: Fundamental rights?

by GilesFiles | Dec 5, 2024 | 2020 onwards, Causes and defences, Connie Prinsloo, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Orders, Parties, Resolving disputes (LRL 3), Retirement, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics | 0 |

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Lawful lockout confirmed: Changing terms & conditions

by GilesFiles | Nov 27, 2024 | 2020 onwards, AH - Labour Legislation & Rules, Appeals, Appeals - leave, Balancing interests, Causes and defences, Collective Bargaining (LRL 5), Courts, Declaratory, Disallowed, General, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, Lockout/exclusion, LRA 1995, LRA 4: 64-77 Strikes, LRA 8b: 185-186(2) Practices, Management, Managerial prerogative, Markets in SA, Operational reasons, Orders, Parties, Power plays (LRL 6), Practices (LRL 9), Private enterprises, Reforms required, Resolving disputes (LRL 3), Restructuring, Retirement, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Terms & conditions, Topics, Trade | 0 |

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Age discrimination confirmed: Automatically unfair dismissal

by GilesFiles | Sep 16, 2024 | 2020 onwards, AUD, Bill of Rights, BM Whitcher, Causes and defences, Costs, Courts, Declaratory, Discrimination (LRL 11), Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Retirement, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade | 0 |

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Effect of early retirement: Contract not terminated

by GilesFiles | Mar 12, 2024 | 2020 onwards, BM Whitcher, Causes and defences, Contractual breach, Courts, Declaratory, Finance, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 189 and 189A see Termination, Operational reasons, Orders, Parties, Pleadings: amending, Retirement, Rules Codes & Manual, Sectors, Selected judges, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Working beyond retirement age: Automatically unfair dismissal

by GilesFiles | Nov 8, 2023 | 2020 onwards, Applications, AUD, Causes and defences, Costs, Courts, Granted, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 1995, LRA 8a: 185-197B Dismissal, MZN Lallie, Orders, Parties, Private enterprises, Retirement, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Age discrimination confirmed: Retrospective appointment and costs

by GilesFiles | Aug 14, 2023 | 2020 onwards, AUD, Conduct & capacity, Costs, Courts, Inherent requirements, Judges, K Allen-Yaman, Labour Court, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Operational reasons, Orders, Parties, Retirement, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Category: Retirement