South Africa Case Law

Solidarity obo Van Rensburg v Xone Control Room Management (Pty) Ltd (C69/2024)

Solidarity obo Van Rensburg v Xone Control Room Management (Pty) Ltd (C69/2024) [2025] ZALCCT 56 (22 July 2025)

Court

Labour Court Cape Town

Case number

C69/2024

Judge

R Lagrange

The court found that the extension agreement signed by Van Rensburg in August 2022 constituted a clear amendment to his employment contract, setting his retirement date as 30 September 2023 with no further extensions permitted. Clause 14.1 of his contract established that general policies applied unless overridden by a contractual provision, and the extension letter expressly overrode the retirement policy. The subsequent amendment to the retirement policy in March 2023 did not affect Van Rensburg, as his contract had already been amended to reflect a specific retirement date. The court held…

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• Automatically Unfair Dismissal
• Retirement Age
• Contractual Interpretation
• Labour Relations Act
• Employment Policy Override

Kruger v University of South Africa (JS 207/19)

Kruger v University of South Africa (JS 207/19) [2025] ZALCJHB 242 (20 June 2025)

Court

Labour Court Johannesburg

Case number

JS 207/19

Judge

Prinsloo

The Labour Court held that Kruger’s employment ended lawfully at the agreed retirement age of 65, so his automatic unfair dismissal claim failed.

• Automatic Unfair Dismissal
• Retirement Age
• Unfair Discrimination
• Section 187 Lra
• Termination Of Employment
• Automatic-unfair-dismissal

Viljoen v Road Accident Fund (3312/2018)

Viljoen v Road Accident Fund (3312/2018) [2025] ZAFSHC 144 (22 May 2025)

Court

Free State High Court, Bloemfontein

Case number

3312/2018

Judge

L. Mpama

The court found that the plaintiff's injuries had a negative impact on his earning capacity, which was not disputed by the defendant. Both parties agreed that the plaintiff would retire earlier than normal, most likely at age 60, and would have worked at Sanlam until age 65. The court accepted that the plaintiff would qualify as a CFP and could work beyond normal retirement age, but found that there was insufficient credible evidence to support the claim that he would work until age 75. The court held that a reasonable probability is that the plaintiff would be able to work until age 70, and…

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• Road Accident Fund Act
• Loss Of Earnings
• Contingency Deductions
• Expert Evidence
• Retirement Age
• Costs Award

Styen v Business Connexion Group Limited (J1500/20)

Styen v Business Connexion Group Limited (J1500/20) [2025] ZALCJHB 37; [2025] 5 BLLR 534 (LC) (7 February 2025)

Court

Labour Court Johannesburg

Case number

J1500/20

Judge

M Makhura

The Court found that the transfer of UCS to BCX under section 197 of the LRA resulted in all terms and conditions of employment, including the agreed retirement age of 60 years, being transferred to BCX. The plaintiff's refusal to sign a new contract did not alter the legal position, and no amendment to the retirement age was agreed or effected. The promise of harmonisation to a retirement age of 65 years was not contractually binding and did not constitute a variation of the plaintiff's terms. The Court held that the plaintiff reached the agreed retirement age and her dismissal was fair unde…

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• Automatic Unfair Dismissal
• Retirement Age
• Section 197 Transfer
• Discrimination
• Employment Contract Terms

Mokobane v Westcol TVET and Another (JS 925/17)

Mokobane v Westcol TVET and Another (JS 925/17) [2024] ZALCJHB 494 (5 December 2024)

Court

Labour Court Johannesburg

Case number

JS 925/17

Judge

Prinsloo

The Labour Court held that the applicant’s termination after reaching the agreed retirement age of 65 was not unfair age discrimination.

• Unfair Discrimination
• Retirement Age
• Employment Equity Act
• Automatic Unfair Dismissal
• Labour Relations Act
• Retirement-age

Palayi v Road Accident Fund (25374/2020)

Palayi v Road Accident Fund (25374/2020) [2024] ZAGPPHC 1085 (21 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

25374/2020

Judge

Khashane La M Manamela

The court awarded a teacher damages for future loss of earnings after a motor vehicle accident, applying actuarial calculations and a 20% apportionment.

• Road Accident Fund Act
• Loss Of Earnings
• Personal Injury
• Retirement Age
• Expert Evidence
• Road-accident-fund

Adam v Patels Petroleum Distributors (D640/2021)

Adam v Patels Petroleum Distributors (D640/2021) [2024] ZALCD 37 (14 October 2024)

Court

Labour Court Durban

Case number

D640/2021

Judge

Allen-Yaman

The applicant failed to establish prospects of success in his claims. His claim under the Employment Equity Act was not competent as the alleged discrimination related to dismissal, which must be adjudicated under the Labour Relations Act. The Labour Court lacked jurisdiction to determine his claim for unfair dismissal based on conduct or capacity, as such disputes must be arbitrated by the CCMA. The applicant's claim for automatically unfair dismissal under section 187(1)(f) of the LRA could not succeed, as the respondent was entitled to retire him at any time after he reached the normal ret…

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• Condonation
• Automatic Unfair Dismissal
• Retirement Age
• Waiver
• Employment Equity
• Jurisdiction

Slabbert v Muji Motor Group (Pty) Ltd (D315/21)

Slabbert v Muji Motor Group (Pty) Ltd (D315/21) [2024] ZALCD 30; (2024) 45 ILJ 2817 (LC) (16 September 2024)

Court

Labour Court Durban

Case number

D315/21

Judge

Whitcher

The court found that there was no agreed retirement age between the applicant and the respondent or its predecessor. The respondent failed to prove that the industry norm of 65 years applied to the applicant's position, as he was not a member of the relevant provident funds nor obliged to join them, and no evidence was presented that employees in similar capacities retire at 65. The most proximate cause of the applicant's dismissal was his age, not the transfer of business. The respondent was not entitled to impose retirement based on industry agreements that did not bind the applicant. Accor…

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• Automatically Unfair Dismissal
• Age Discrimination
• Retirement Age
• Section 187 Lra
• Section 197 Lra

Fraser-MacDonald v Curro Holdings t/a Curro Mount Richmore (D295/20)

Fraser-MacDonald v Curro Holdings t/a Curro Mount Richmore (D295/20) [2024] ZALCD 15 (14 June 2024)

Court

Labour Court Durban

Case number

D295/20

Judge

M Makhura

The applicant failed to provide a full and reasonable explanation for the delay in referring her claim, particularly for the period after the national lockdown when the Labour Court was operational. Her prospects of success in the main claim were poor, as she conceded the existence of a retirement age and failed to establish that her dismissal was automatically unfair or based on age discrimination. The inconsistency argument regarding other employees was insufficient, as those employees were engaged on new fixed-term contracts after retirement, not as extensions of the retirement age. The ap…

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• Automatically Unfair Dismissal
• Condonation
• Retirement Age
• Discrimination On Age
• Prospects Of Success
• Costs In Labour Court

Coetzee v Enviro Bio Chem (Pty) Ltd (C535/2020)

Coetzee v Enviro Bio Chem (Pty) Ltd (C535/2020) [2023] ZALCCT 62 (27 July 2023)

Court

Labour Court Cape Town

Case number

C535/2020

Judge

Lagrange

The Labour Court held that Coetzee’s dismissal was automatically unfair because Enviro did not prove an agreed retirement age applied at termination.

• Automatically Unfair Dismissal
• Retirement Age
• Employment Contract Variation
• Unfair Discrimination
• Oral Agreement
• Costs Award