Age discrimination Archives

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 |

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,...

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 |

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,...

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 |

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,...

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 |

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Amending retirement age: Unilateral & automatically unfair?

by GilesFiles | Jul 19, 2023 | 2020 onwards, Applications, AUD, Bill of Rights, Causes and defences, Central, Costs, Courts, Declaratory, Dignity equality freedom, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Fixed-term, Government, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Retirement, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Normal retirement age: When not agreed?

by GilesFiles | Feb 7, 2023 | 2020 onwards, André van Niekerk, Applications, AUD, Bill of Rights, Causes and defences, Condonation, Courts, Declaratory, Discrimination (LRL 11), Hospitality, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Orders, Parties, Private enterprises, Refused, Retirement, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Blatant age discrimination: Substance or proviso?

by GilesFiles | Sep 27, 2022 | 2020 onwards, Appeals, Appeals - leave, AUD, Bill of Rights, Causes and defences, Conduct & capacity, Costs, Courts, Declaratory, Dignity equality freedom, Disallowed, Discrimination (LRL 11), Evidence & onus, F Kathree-Setiloane, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Motor industry, Objective - correctness, Operation of law, Orders, Parties, Private enterprises, Retirement, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 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,...

Normal retirement age: Fair dismissal ito LRA s187(2)(b)?

by GilesFiles | May 9, 2022 | 2020 onwards, AB1 - Fairness principle or concept, Applications, AUD, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Central, Conduct & capacity, Contractual breach, Costs, Courts, Declaratory, Deemed, Dignity equality freedom, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Government, Insights, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, MPN Nkutha-Nkontwana, Operation of law, Orders, Parties, Protectable interests, Provisos, Public policy, Retirement, Roman Dutch law, Sectors, Severance pay, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Work Science Institute | 0 |

Solidarity obo Strydom v State Information Technology Agency SOC Ltd With regard to a normal or agreed retirement age how can an exception or proviso ever cancel out a constitutional right not to be discriminated against solely...

Age discrimination proved: Twin causes of action

by GilesFiles | May 18, 2020 | 2020 onwards, Appeals, BCEA 1997 (LRL 10), Causes and defences, Compensation, Courts, EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), F Kathree-Setiloane, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Parties, Retirement, Sectors, Statutes (LRL 2)-work, Statutory, 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,...

Changing retirement age: Deemed consent by conduct

by GilesFiles | Oct 17, 2018 | 2018, Bill of Rights, Causes and defences, Courts, Dignity equality freedom, Discrimination (LRL 11), Interpretation etc, Judges, Labour Appeal Court, Labour Relations, LAC judges, LRA 1995, LRA 8a: 185-197B Dismissal, Retirement, Roland Sutherland, 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,...

Retirement age policy: Forced dismissal discriminatory

by GilesFiles | Apr 20, 2018 | 2018, AUD, Bill of Rights, Causes and defences, Courts, Dignity equality freedom, Discrimination (LRL 11), Employ Equity (LRL 12), H Rabkin-Naicker, Insights, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Management, Policies - all, Provisos, Retirement, 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,...

Age discrimination unacceptable: Against public policy

by GilesFiles | Oct 26, 2016 | 2016, AUD, Courts, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Judges, Labour Court, Labour Court judges, Labour Relations, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Public policy, Retirement, Sean Snyman, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Work Science Institute | 0 |

B v M Finkelstein t/a Finkelstein and Associates (JS219/15) [2016] ZALCJHB 428 (26 October 2016) per Sean Snyman AJ. The LC awarded substantial compensation to an employee who was dismissed for an invalid and unfair reason which...

Tag: Age discrimination