agreed retirement age Archives

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

by GilesFiles | Dec 20, 2024 | 2020 onwards, 2020 onwards, AB - Law generally, ABB - 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, 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, ABB - 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, 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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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, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Age related termination: All claims rejected

by GilesFiles | Sep 15, 2022 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Dignity equality freedom, Evidence & onus, GN Moshoana, 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, Operation of law, Orders, Parties, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Special pleas, State Owned Enterprises, 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,...

Reconciling labour statutes: Age discrimination

by GilesFiles | May 4, 2021 | 2020 onwards, Applications, AUD, BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Conduct & capability, Courts, Declaratory, Dignity equality freedom, EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Fixed-term, General, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Orders, Parties, Provisos, Resolving disputes (LRL 3), Retirement, Sectors, Special pleas, 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,...

Exceeding retirement age: Continuous severance pay

by GilesFiles | Feb 18, 2021 | 2020 onwards, BCEA 1997 (LRL 10), Bill of Rights, Courts, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, P Coppin, Parties, Private enterprises, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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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, Resolving disputes (LRL 3), 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, Resolving disputes (LRL 3), 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 considered: Agreed or normal?

by GilesFiles | Oct 26, 2016 | 2020 onwards, Applications, AUD, Bill of Rights, Causes and defences, Compensation, Costs, Courts, Declaratory, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, EEA Chpt V ss 34-52, Employ Equity (LRL 12), Interpretation etc, Judges, Jurisdiction & powers, Just and equitable, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Personal services, Private enterprises, Provisos, Resolving disputes (LRL 3), Sean Snyman, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

HEB v Finkelstein t/a Finkelstein and Associates Can employers terminate employment simply because a certain age is considered to be a retirement age even when there is no agreement nor proof of a normal retirement age?...

Age discrimination considered: differentiation and justification

by GilesFiles | Jun 12, 2014 | 2014 and earlier, Appeals, AUD, Bill of Rights, Courts, Dennis Davis, Dignity equality freedom, Discrimination (LRL 11), Employ Equity (LRL 12), Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Practices (LRL 9), Statutes (LRL 2)-work, Termination (LRL 8), Topics | 2 |

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Age discrimination: automatically unfair dismissal

by GilesFiles | Sep 27, 2012 | 2014 and earlier, Courts, Discrimination (LRL 11), Employ Equity (LRL 12), Judges, Labour Court, Labour Court judges, Termination (LRL 8) | 0 |

Hibbert v ARB Electrical Wholesalers (Pty) Ltd case D775/10 [2013] 2 BLLR 189 (LC) Employers discriminate against employees if the only reason for doing so is age. Employers thereby breach section 6 of the Employment Equity...

Forcing retirement on age: Discriminatory practice?

by GilesFiles | May 18, 2007 | 2014 and earlier, ABB - Fairness principle or concept, AUD, Bill of Rights, Causes and defences, Contractual breach, Courts, Declaratory, Discrimination (LRL 11), EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, GN Moshoana, 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, Operation of law, Orders, Parties, Personal services, Provisos, Resolving disputes (LRL 3), Retirement, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Words & phrases | 0 |

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Tag: agreed retirement age