LRD guides and handbook May 2018

Law at Work 2018

Chapter 10

Retirement not a fair reason for dismissal 




[ch 10: page 342]

Compulsory or forced retirement is a dismissal. Retirement is no longer a fair reason for dismissal. Employers can include an express contract term setting a contractual retirement age, and can require employees to retire once they reach that age. However, this will be age discriminatory unless the retirement age is capable of objective justification. For the law on age discrimination and forced retirement, see Chapter 7: Discrimination, page 245.