It has become increasingly common for people to want to work as long as possible to ensure a safe retirement. But what happens when you reach retirement age and talk about your employment being terminated starts? Is it legal to be dismissed based on your age?
The Basic Conditions of Employment Act (“BCEA”) makes provision that no person shall be discriminated against based on various factors, including age. However, although the BCEA makes this provision, you can be dismissed when you have reached your retirement age, most notably if you agreed to your employment being terminated at retirement age in your employment contract. It is therefore very much possible and legal to be dismissed at retirement age. Recent Labour Court judgments have confirmed this approach and found that a dismissal was fair when the employees’ only defence was that they were being discriminated against based on age.
Fortunately, there are exceptions to this. Under certain circumstances, your employment may not be terminated at retirement age, but every situation needs to be considered individually. If you find yourself in this situation, don’t hesitate to contact us to discuss your rights.
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