Tag: LRA 187(2)

Retirement age policy: Forced dismissal discriminatory

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Age discrimination: Dismissal automatically unfair

Harris v Ocean Traders International (Pty) Ltd (JS710/13) [2016] ZALCJHB 63 (23 February 2016) per Lagrange J. Employers must have sound policies, including the retirement age, and ensure that employees know about them. ...

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Awarding compensation determined: Just and equitable amount

ARB Electrical Wholesalers (Pty) Ltd v Hibbert (DA3/13) [2015] ZALAC 34; [2015] 11 BLLR 1081 (LAC) (21 August 2015) per Waglay JP [Ndlovu and Coppin JJA concurring] Comment: As will appear from the following extracts the Labour...

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Unfair age discrimination: Automatically unfair dismissal

ARB Electrical Wholesalers (Pty) Ltd v Hibbert (DA3/13) [2015] ZALAC 34 (21 August 2015) per Waglay JP [Ndlovu and Coppin JJA concurring] Result: Appeal disallowed as well as the cross-appeal and award of compensation upheld LAC...

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Age discrimination considered: differentiation and justification

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Age discrimination: ‘employment at will’

Assume an employer extends employment beyond the fixed age for retirement, subject to the condition that thereafter employment will be solely ‘at the will’ of the employer.   Does that mean the employee forfeits the statutory...

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