Retirement age Archives

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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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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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, Exceptions/special pleas, 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, Retirement, Rules Codes & Manual, Sectors, Special pleas, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 0 |

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Age discrimination confirmed: Compensated 24 months

by GilesFiles | Jun 9, 2022 | 2020 onwards, Applications, AUD, Bill of Rights, Causes and defences, Compensation, Costs, Courts, Declaratory, Dignity equality freedom, Evidence & onus, Exceptions/special pleas, Government, 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, Municipal, Orders, Parties, Reinstatement, Retirement, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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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 & capacity, Courts, Declaratory, Dignity equality freedom, EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Exceptions/special pleas, 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, Rescission LRA 144 and 165, Retirement, Sectors, Special pleas, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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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, Retirement, 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, Retirement, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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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 |

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Pilot retirement age: Normal retirement age?

by GilesFiles | Jun 7, 2018 | 2018, Airline pilots, AUD, Bill of Rights, Courts, Dignity equality freedom, Discrimination (LRL 11), Judges, Labour Appeal Court, Labour Relations, LAC judges, LRA 1995, Operational reasons, Parties, Retirement, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Transport & communication | 0 |

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Retirement age considered: Agreed or normal?

by GilesFiles | Oct 26, 2016 | 2016, 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 relief, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Personal services, Private enterprises, Provisos, Retirement, Sean Snyman, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade | 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 unfair: Automatic indefensible

by GilesFiles | Aug 12, 2016 | 2016, AB - Law generally, AUD, Courts, Discrimination (LRL 11), Insights, Judges, Labour Court, Labour Court judges, Labour Relations, Management, Policies - all, Private enterprises, Provisos, Retirement, Sean Snyman, Sectors, Termination (LRL 8), Topics, Trade | 0 |

Bos v Eon Consulting (Pty) Ltd (JS948/14) [2016] ZALCJHB 305 (12 August 2016) per Snyman AJ. The LC awarded over R1m as compensation, being equal to 14 months remuneration. The employer failed to prove that there was any agreed...

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), Retirement, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 2 |

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Tag: Retirement age