A case of a general worker being dismissed because of her age recently made news in South Africa. Scorpion Legal Protection looks into the issue of dismissal based on age, what the law says about this unlawful practice, as well as the steps that can be taken if you find yourself in this situation.
What The Law Says About Dismissal Based On Age
In terms of section 187(1)(f) of the Labour Relations Act, the dismissal of an employee based on their age is automatically unfair. Disputes like this will be dealt with by the Labour Court, and up to 24 months of the employee’s remuneration could be awarded as compensation.
The Reality of Age Discrimination in South Africa
According to the Labour Relations Act (LRA), employment decisions should solely be based on an individual's qualifications, experience, and performance. However, despite the constitutional right to equality and protection against unfair discrimination provided by the Employment Equity Act (EEA) of 1998, age discrimination continues to persist in various forms across many workplaces. Employees, particularly those above the age of 50, often face unfair treatment, leading to the obstruction of genuine equality and the limitation of opportunities for career growth.
Steps To Take When Faced With Age Discrimination
Employees who believe they have been unfairly dismissed based on their age can take the following steps to seek legal assistance:
Step 1: The first step is to follow internal grievance procedures within the company. If your company has an HR, start there.
Step 2: If you can’t get anywhere with internal processes, you can approach the Commission for Conciliation, Mediation, and Arbitration (CCMA), an independent body that mediates employment disputes.
Step 3: If the case remains unresolved, you can take things further by lodging an application with the Labour Court of South Africa.
Many employees feel frustrated by what they suspect to be age discrimination, but don’t know that they can do anything about it. Scorpion Legal Protection has a specialist labour department that often deals with issues like these. Still not a member? Join now.
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*This is only basic legal advice and cannot be relied on solely. The information is correct at the time of being sent to publishing.