LLA 330 Retirement and dismissal


Context: 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.

Content: 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.

Table of Contents

  1. Retirement and dismissal

General rule

  1. Retirement and age

A statutory retirement age?

Age discrimination

  1. Retirement disputes

Disputes about

Age and retirement

  1. An agreed retirement age

Contract of employment

Collective agreement

Provident fund rules

Can employer decide retirement age?

  1. A normal retirement age

Normal retirement age

Case law

  1. Working beyond retirement age

Unfair but not automatically

Automatically unfair

  1. Are any benefits payable on retirement?

Long service and severance pay




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