Bos v Eon Consulting (Pty) Ltd (JS948/14) [2016] ZALCJHB 305 (12 August 2016)

Bos v Eon Consulting (Pty) Ltd (JS948/14) [2016] ZALCJHB 305 (12 August 2016)

The court found that the applicant's dismissal was based solely on his age and that neither an agreed nor a normal retirement age existed in the respondent employer at the time of dismissal. The respondent failed to establish a compulsory retirement age applicable to the applicant through contract, policy, or consistent practice. The introduction of a retirement age policy after the applicant had already surpassed the age of 65 could not be applied retrospectively. The respondent was bound by the prior undertaking given to the applicant by its former CEO, allowing him to work as long as his health permitted. Consequently, the dismissal constituted automatic unfair dismissal under Section...

Citation
[2016] ZALCJHB 305
Parties
Applicant: Deon Bos; Respondent: Eon Consulting (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
12 August 2016
Case Number
JS948/14
Procedural Posture
Automatic Unfair Dismissal / Trial
Outcome
The applicant's dismissal was declared automatically unfair under Section 187(1)(f) of the LRA.
Judges
S Snyman
Legal Topics
Automatic Unfair Dismissal, Retirement Age, Unfair Discrimination, Compensation, Employment Contract, Section 187 Lra
Labour Law Automatic Unfair Dismissal Retirement Age Unfair Discrimination Compensation Employment Contract Section 187 Lra

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Parties

Deon Bos

Applicant

Eon Consulting (Pty) Ltd

Respondent

Procedural Posture

Automatic Unfair Dismissal / Trial

Legal Issues

  1. 1 Whether the applicant's dismissal based on age constitutes automatic unfair dismissal under Section 187(1)(f) of the LRA.
  2. 2 Whether a normal or agreed retirement age existed in the respondent employer to justify dismissal under Section 187(2)(b) of the LRA.
  3. 3 Whether the respondent's policies, practices, or contractual arrangements established a compulsory retirement age applicable to the applicant.

Ratio Decidendi

The court found that the applicant's dismissal was based solely on his age and that neither an agreed nor a normal retirement age existed in the respondent employer at the time of dismissal. The respondent failed to establish a compulsory retirement age applicable to the applicant through contract, policy, or consistent practice. The introduction of a retirement age policy after the applicant had already surpassed the age of 65 could not be applied retrospectively. The respondent was bound by the prior undertaking given to the applicant by its former CEO, allowing him to work as long as his health permitted. Consequently, the dismissal constituted automatic unfair dismissal under Section...

Court Disposition

The applicant's dismissal was declared automatically unfair under Section 187(1)(f) of the LRA.

Orders

  • The applicant's dismissal by the respondent constitutes an automatic unfair dismissal as contemplated by Section 187(1)(f) of the LRA, based on the applicant's age.
  • The respondent is ordered to pay compensation to the applicant in the amount of R1,096,011.70, to be paid within 10 days of the judgment.