PARENTAL LEAVE EQUALITY: A ROCKY ROAD AHEAD?
The Constitutional Court’s ruling on parental leave changes South African employment law. Employers must review their policies to avoid discrimination and ensure compliance with the BCEA amendments.
CASE LAW
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You are welcome to phone me to discuss the matter. I will need more details.
Pieter Human
082 852 3499
I have been retrenched becasue I am over 60 but not yet 65. The norm of the company is 65 as there are 6 other employees over 65 that are also dismissed.
My retrenchment is not coming with a package i.e buyout for retrenching me before 65.
Am I entitled to a “buyout” if so what is the minimium period I should be paid. I have no contract stipulating that I must retire at 60.
G.P. CHETTY.
If your services were terminated for operational reasons, you are entitled to one week’s pay for every completed year of service that you had with the employer. It is concerning however to note that it appears that you were retrenched as a result of your age. Age discrimination is a serious matter and I suggest you get some legal advice on declaring a dispute on these grounds.