With regard to retirement, there are four situations that you could face: the Employment Relations Act, section 187 (1) f), indicates that the dismissal of a worker because of his or her age is automatically unfair in the absence of an employment contract setting the retirement age. This type of dispute can be brought before the labour tribunal and it is possible that in the event of the employee`s contract gain, compensation of up to 24 months will be awarded to the worker`s remuneration. The applicant`s dismissal on the basis of his age because of the respondent`s absence of a normal retirement age was automatically unjustified within the meaning of Point 187 of the LRA and constituted unfair discrimination against EEA s 6. The applicant`s claim for damages under the EEA was denied, but the respondent had to pay the applicant a compensatory amount of 12 months` salary. If you sign an employment contract that imposes the retirement age, you may be legally required to retire at that age. The organization is not required to inform you. In the next issue of Vector, I will give some indications about retirement as well as an exemplary policy. If your company has an agreed age in its guidelines and employment contracts, you can terminate the contract when the employee has reached the agreed age. This communication is no different from a normal termination. The employment contract also automatically ends at the end of the calendar month in which the worker reaches retirement age. Many steps are taken in the life cycle of a company`s employees.
One of these milestones and usually the last is retirement. We have received many requests for the actual or sectoral standard for retirement age. In the second scenario (b), the case law is not as clear. In Karan Beef, the LAC found that the argument was plausible: if a worker continues to work beyond the normal or agreed retirement age without agreeing on a new retirement age, the employer can count on the exception from that date. The employer can then demand that the worker retire without notice at any time. However, on the facts of this case, the CAS did not have to decide the issue. It`s your turn to share your thoughts on retirement. Are you already retired? Do you want to share some of your experiences? You can include this retirement age clause in your employment contracts.
It is in the interest of the employer and the worker to clearly define and understand the conditions of employment after retirement age. Issues such as the length of time the worker can work for and the notice period required to terminate the employment relationship must be defined in an extended employment contract. The difficulty with this argument is that the applicant was clearly excluded from membership in the Fund. Second, the respondent`s effort to obtain the applicant`s adoption of the Fund`s retirement age shows that he felt it was necessary to obtain his consent to apply these standards to him. The question is how to determine when an employee should retire. Is it 55, 60 or 65? Since labour law is silent on the subject, it is up to the employer to impose the retirement age on its employees.