NTM obo Mothapo v Interwaste (Pty) Ltd (J791/16) [2019] ZALCJHB 340 (13 November 2019)

NTM obo Mothapo v Interwaste (Pty) Ltd (J791/16) [2019] ZALCJHB 340 (13 November 2019)

The court found that the respondent failed to prove that 60 was either the agreed or normal retirement age for the applicant's category of employment. The benefit statement indicated an agreed retirement age of 65, and the respondent's reliance on a collective agreement and alleged common practice was unsupported by sufficient evidence. The offer of a fixed term contract further undermined the claim of a compulsory retirement age of 60. The dismissal was therefore automatically unfair under section 187(1)(f) of the LRA. The applicant was entitled to maximum compensation due to the humiliation and distress suffered, and the respondent was interdicted from continuing the discriminatory...

Citation
[2019] ZALCJHB 340
Parties
Applicant: NTM obo Israel Mothapo; Respondent: Interwaste (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
13 November 2019
Case Number
J791/16
Procedural Posture
Labour Unfair Dismissal / Trial
Outcome
The applicant's dismissal was declared automatically unfair. The respondent was ordered to pay maximum compensation, restrained from unfair age discrimination, and required to reimburse the applicant's travel expenses.
Judges
G. N. Moshoana
Legal Topics
Automatic Unfair Dismissal, Retirement Age, Unfair Discrimination, Compensation Quantum, Interdictory Relief
Labour Law Automatic Unfair Dismissal Retirement Age Unfair Discrimination Compensation Quantum Interdictory Relief

Case Brief

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Parties

NTM obo Israel Mothapo

Applicant

Interwaste (Pty) Ltd

Respondent

Procedural Posture

Labour Unfair Dismissal / Trial

Legal Issues

  1. 1 Was the applicant's dismissal based on age automatically unfair under the Labour Relations Act?
  2. 2 Did the respondent prove that 60 was the normal or agreed retirement age for the applicant's category of employment?
  3. 3 Is the applicant entitled to maximum compensation and further relief under the LRA?

Ratio Decidendi

The court found that the respondent failed to prove that 60 was either the agreed or normal retirement age for the applicant's category of employment. The benefit statement indicated an agreed retirement age of 65, and the respondent's reliance on a collective agreement and alleged common practice was unsupported by sufficient evidence. The offer of a fixed term contract further undermined the claim of a compulsory retirement age of 60. The dismissal was therefore automatically unfair under section 187(1)(f) of the LRA. The applicant was entitled to maximum compensation due to the humiliation and distress suffered, and the respondent was interdicted from continuing the discriminatory...

Court Disposition

The applicant's dismissal was declared automatically unfair. The respondent was ordered to pay maximum compensation, restrained from unfair age discrimination, and required to reimburse the applicant's travel expenses.

Orders

  • The applicant's dismissal is declared automatically unfair.
  • The respondent must pay the applicant R202,840.56, equivalent to 24 months' remuneration at R8,451.69 per month.