Tag Archives: Dismissal based on age of retirement

Dismissal based on age of retirement

Dismissal based on age of retirement

Can a company force an employee into retirement if there’s no agreement on the retirement age? This was one of the questions that the Labour Court answered in the 2015 case of Arb Electrical Wholesalers (Pty) Ltd v Hibbert. The company “retired” Hibbert at the age of 64. Hibbert took issue with this, claiming that he was unfairly dismissed. Both the Labour Court and the Labour Appeal Court agreed with him.