330 Retirement and dismissal

This article discusses the first issue in an unfair dismissal case, that is whether an employee has been dismissed. In particular the issue discussed is that the employee alleges that she was dismissed and the employer alleges that the employee was not dismissed but retired.

The article begins by explaining the general rule pertaining to retirement and then explains the questions of a statutory retirement age and the impact of age discrimination on these types of dispute. The disputes resolution path is explained and the elements of the dispute are discussed in detail: that is what is meant by an agreed retirement age, and a normal retirement age. Finally the course considers what happens if an employee works beyond retirement age and discusses the question of whether there are any benefits payable on retirement.