Can An Employee Be Fairly Dismissed Based On Age Alone?

The dismissal of employees who have reached and worked beyond the normal retirement age has been found to be fair. This was confirmed in Solidarity obo Strydom & 5 Others v State Information Technology Agency SOC (2022) 43 ILJ 1881 (LC)  on 9 May 2022.

However, is it that simple? BGD discusses how the courts have viewed the application of Section 187 (2) (b) of the Labour Relations Act which states that "a dismissal based on age is fair if the employee has reached the normal or agreed retirement age for persons employed in that capacity”.

Case Law (in order mentioned):

Solidarity obo Strydom & 5 Others v State Information Technology Agency SOC (2022) 43 ILJ 1881 (LC)

Schweitzer v Waco Distributors [1999] 2 BLLR 188 (LC)

SACTWU & others v Rubin Sportswear [2003] 5 BLLR 505 (LC)  & Rubin Sportswear v SA Clothing & Textile Workers Union and others. (2004) 25 ILJ 1671 (LAC)

Cash Paymaster Services (Pty) Ltd v Browne [2006] 2 BLLR 131 (LAC) 

Karan t/a Karan Beef Feedlot v Randall [2012] 11 BLLR 1093 (LAC)

Bank v Finkelstein t/a Finkelstein and Associates  [2016] ZALCJHB 428 (LC)