Blog

Working Past Retirement Age

Working Past Retirement Age

AF Consulting

Working Past Retirement Age

Today, I would like to talk to you about employees reaching their retirement age, and share important information about what you as an employer may and may not do.

According to Businesstech, a recent case dealing with the dismissal of an employee who reached retirement age, flickered attention by the courts as to whether an employee can be fairly dismissed based on their age, specifically relating to retirement.

Legal experts from Cliffe Dekker Hofmeyr said that in this case, the Labour Appeal Court held that an employer can fairly terminate the services of an employee at any stage after the retirement age has been reached.

Does your employment contract state the retirement age for your employees? The dismissal of an employee based on age is not automatically unfair in circumstances where the employee has reached the agreed retirement age. Important to note that in this case, the Labour Appeal Court found that the law does not describe a timeframe within which the dismissal should take place and therefore this section affords the right to an employer to dismiss an employee based on age at any time after the employee has reached the retirement age.

If you do not want to terminate the relationship you can enter into a post-retirement agreement. If you would like more information or guidance, you are very welcome to contact me today.

Working Past Retirement Age

AF Consulting

AF Consulting in Hermanus specialises in human resources, recruitment, labour relations and training in the workplace. Human Resources Consultant, Arina Fyfer, is available to personally assist you in a focused recruitment process when hiring employees. AF Consulting’s HR service packages are tail...

View Profile

What is Xplorio?

Xplorio is your local connection allowing you to find anything and everything about a town.

WATCH THE VIDEO: Welcome to Hermanus
Read More

Recent Posts

Remote Work: Should Location Impact Remuneration?

Remote Work: Should Location Impact Remunerat...

As remote work becomes more common, I’ve noticed an interesting trend...

AF Consulting
Kickstart Your 2025 with HR Solutions Tailored for SMEs!

Kickstart Your 2025 with HR Solutions Tailore...

Your Partner in HR: By an Employer for an Employer.

AF Consulting
Avoid These Common HR Mistakes in 2025!

Avoid These Common HR Mistakes in 2025!

Running a small business is tough, and I get it, HR isn’t always top of mind.

AF Consulting
Is Your Business HR-Ready for 2025?

Is Your Business HR-Ready for 2025?

Just like you do your health checks and fitness tests for Discovery or Momentum points, your business needs an HR Health Check too. 

AF Consulting
Submit Your CV for Jobs in the Overberg with AF Consulting

Submit Your CV for Jobs in the Overberg with ...

Ever wondered where to submit your CV for potential job opportunities in the Overberg?

AF Consulting
Skilled Waiters Available for Hire in Hermanus

Skilled Waiters Available for Hire in Hermanu...

Looking for skilled waiter staff?

AF Consulting