Hospersa obo Venter v South African Nursing Council (JS930/04) [2006] ZALC 29; [2006] 6 BLLR 558 (LC); (2006) 27 ILJ 1143 (LC) (5 January 2006)

Hospersa obo Venter v South African Nursing Council (JS930/04) [2006] ZALC 29; [2006] 6 BLLR 558 (LC); (2006) 27 ILJ 1143 (LC) (5 January 2006)

The court found that the respondent unilaterally imposed a retirement age of 60 without agreement from the applicant or her trade union, contrary to her original contractual entitlement to retire at 70, with an option to retire at 65. The respondent failed to establish that the new retirement age had become the norm or that the applicant had acquiesced to it. The imposition of the lower retirement age constituted unfair discrimination on the grounds of age as contemplated in section 6 of the Employment Equity Act. The respondent did not provide any statutory or factual justification for the discrimination, nor did it show that the change was agreed or necessary for the inherent...

Citation
[2006] ZALC 29
Parties
Applicant: Hospersa obo Tersia Venter; Respondent: South African Nursing Council
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
5 January 2006
Case Number
JS930/04
Procedural Posture
Discrimination Application / Judgment
Outcome
The court found in favour of the applicant, holding that the respondent unfairly discriminated against her on the grounds of age.
Judges
Steenkamp
Legal Topics
Unfair Discrimination, Retirement Age, Employment Equity Act, Remedies for Discrimination
Labour Law Unfair Discrimination Retirement Age Employment Equity Act Remedies for Discrimination

Case Brief

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Parties

Hospersa obo Tersia Venter

Applicant

South African Nursing Council

Respondent

Procedural Posture

Discrimination Application / Judgment

Legal Issues

  1. 1 Whether the respondent's imposition of a retirement age of 60 constituted unfair discrimination on the grounds of age.
  2. 2 Whether the applicant was contractually entitled to retire at 70, with an option to retire at 65.
  3. 3 Whether the respondent's conduct was justified under the Employment Equity Act or Labour Relations Act.

Ratio Decidendi

The court found that the respondent unilaterally imposed a retirement age of 60 without agreement from the applicant or her trade union, contrary to her original contractual entitlement to retire at 70, with an option to retire at 65. The respondent failed to establish that the new retirement age had become the norm or that the applicant had acquiesced to it. The imposition of the lower retirement age constituted unfair discrimination on the grounds of age as contemplated in section 6 of the Employment Equity Act. The respondent did not provide any statutory or factual justification for the discrimination, nor did it show that the change was agreed or necessary for the inherent...

Court Disposition

The court found in favour of the applicant, holding that the respondent unfairly discriminated against her on the grounds of age.

Orders

  • The respondent has unfairly discriminated against the applicant, Ms Tersia Venter.
  • The respondent is ordered to pay Ms Venter the amount of R180,000.00, being the equivalent of 24 months’ remuneration.