I am 66 yrs old have worked for the same company for 26 years they have now informed me verbally that I must retire on February 28 2013. Firstly can they just give me notice verbally or do they have to give a letter before it is legal. Secondary can I apply for UIF payments. Thanks XXX X X XXXXXXXXXXX
Thank you for using just answer.
Eventually,everyone needs to stop working. Some people prefer to retire at an early agewhile others choose to work for as long as possible. Whatever your preference,you need to know what your rights and options are.
The labour legislation does notdeal directly with the issue of retirement age. However, it does say that noone may be unfairly discriminated against because of their age. This means thatthe employer and employee must agree on a retirement age.
There are three possiblesituations that you could find yourself in:
If you sign an employment contractthat stipulates a retirement age, then you can legally be required to retire atthat age. The organisation won't be required to give you notice.
If the retirement age is not inthe contract but is agreed or if there is an organisational norm, then theemployer can give you notice requiring you to retire at that age. The noticeperiod will be the same as the notice period for termination of employment setout in your contract of employment.
When would there be deemed to bean organisational norm? There is a general understanding that the "normal" retirement age is 55, 60 or 65 but this understanding is too vague to be useful in specific instances. Indications of the organisation'snorm can be found in:
If there is no mention of a retirement age in your contract and there is no organisational norm, then you can continue to work until you are unable to do your job properly. Your employer can only terminate your contract in accordance with the labour legislation (that is for misconduct, operational requirements or incompetence)and will have to follow the procedures set out in your contract and labour law.The courts have found that it is unfair discrimination for your employer to terminate your employment services just because of your age.
Meaning if no contract or norm you have to be retrenched and their for it starts with a letter.
In regards XXXXX XXXXX . Logically if you think about it early retirement - it is your own benefit you are creating whereas UIF is there to support people who are fired, maternity leave, contracts ended and if employees are bankrupt. If you retire because of age - you can claim from the pension fund.
I trust the answer is helpfulle. Please remember to rate the answer as positive.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).