Recently, the Constitutional Court had the opportunity to interpret Section 187(1)(f) read with Section 187(2)(b) of the Labour Relations Act in Motor Industry Staff Association and Another v Great South Autobody CC t/a Great South Panelbeaters (2025) 46 ILJ 481 (CC) (20 December 2024).
The Facts
Mr Landman was employed by Great South Panelbeaters as a procurement officer in 2007. The parties concluded an employment agreement specifying Mr. Landman’s retirement age as 60 years old. Mr. Landman turned 60 on 15 March 2018. The employer was aware that he had reached retirement age but did not terminate his employment at that time. Instead, Mr Landman continued working as usual, receiving his salary, with no mention of retirement or retirement age in 2018.
On 14 January 2019, ten months after Mr Landman had reached retirement age, the employer issued a notice letter informing him that his employment would terminate based on his having reached retirement age, with his last working day set for 19 February 2019. Accordingly, the employer terminated Mr. Landman’s service based on age.
Mr Landman challenged his dismissal, contending that it was automatically unfair under Section 187(1)(f) of the Labour Relations Act. He argued that the employer had waived its right to enforce the agreed retirement age or that a new tacit agreement had been established when he was allowed to continue working beyond that age.
The employer, in turn, relied on Section 187(2)(b) to argue that the dismissal was not automatically unfair. It asserted that once an employee reaches the agreed retirement age, Section 187(2)(b) is satisfied, and in the absence of a specific agreement to the contrary, the employer may terminate employment at any time thereafter—provided sufficient notice is given.
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Our mission is to empowers businesses size to thrive in an businesses ever changing marketplace. We are committed to the delivering exceptionals the value through strategic inset, innovative approaches. Our consulting of our missing empower businesses of all sizes to thrive. Committed to the delivering exceptional
Our mission is to empowers businesses size to thrive in an businesses ever changing marketplace. We are committed to the delivering exceptionals the value through strategic inset.
Our mission is to empowers businesses size to thrive in an businesses ever changing marketplace. We are committed to the delivering exceptionals the value through strategic inset, innovative approaches. Our consulting of our missing empower businesses of all sizes to thrive. Committed to the delivering exceptional.
Our mission is to empowers businesses size to thrive in an businesses ever changing marketplace. We are committed to the delivering exceptionals the value through strategic inset.
