The Legal Retirement Age

I got a call last week and I was asked this question. What is the legal retirement age in South Africa?

A quick Google Search gave me these two comments
1. Bowman and Gilfillan say

Section 187 of the Labour Relations Act renders discriminatory dismissals based on grounds such as race, sex, gender, religion and age automatically unfair. This is in line with the general prohibition of unfair discrimination on these and other grounds contained in the Constitution and the Employment Equity Act. However, where age is concerned, the Labour Relations Act makes an important exception, namely that an employer may retire its employees when they have reached the “agreed” or “normal” retirement age. Once the employee has reached this age, the employment relationship terminates and this does not constitute a dismissal for purposes of the Labour Relations Act, nor is it automatically unfair.

Contrary to popular belief, there is no general retirement age in South Africa. Employers and employees are therefore free to agree at which age the employees will retire. This agreement is normally found in the employee’s employment contract, or may, in special circumstances, be determined with reference to the rules of the retirement fund to which the employee belongs.

2. ENS – Edward Nathan Sonnenbergs say
Employers in South Africa continue to be troubled and to make mistakes about retirement. This is clear from the number of cases that come before the Labour Court. The Labour Relations Act says that a dismissal based on age is not unfair if the employee has reached the agreed or normal retirement age. However, employers frequently forget that what is ‘normal’ must be proved, and that for there to be an agreed retirement age, both parties must agree to it. Employers cannot simply declare a particular age to be the retirement age and think that this will automatically apply to all existing employees regardless of how long they have been employed for and what age they currently are.

WeszMadz says – So bottom line, There is no retirement age in South Africa. Unless agreed upon prior with the employee then it might be seen/taken as unfair dismissal or unfair discrimination.

WeszMadz Blog selected as Blogger of the day 14 June 2012

On the 14th of June 2012 PaperBlog selected WeszMadz as their blogger of the day! Yeah! Thanks PaperBlog! Am Thrilled!

But who or what is PaperBlog?

What is Paperblog? Paperblog helps you find quality articles from the blogosphere, providing a participatory media site where talented experts and enthusiasts can share their knowledge and experience. The best and most relevant articles are not easy to find amongst all the blogs online. Paperblog identified the need to find the best blogs around, offering quality articles to a growing readership.In the first trimester of 2011, Paperblog International received 10 million regular visitors from throughout the world

Here is a snapshot of the day I was blogger of the day from the PaperBlog Site! 🙂 🙂 🙂

See my blog on PaperBlog here http://en.paperblog.com/users/weszmadz/ 

Are you a blogger? You can submit your blog on PaperBlog as well.

Think About This…. – Pavlo Phitidis

Pavlo Phitidis presented on Entrepreneurial Actions to beat tough times during the APSO 2012 Owner/Manager’s Conference. One slide stuck in my memory and the heading was Think About this.

Think About This…

Think About This… It’s Your Business and YOU are in Control

Think About This… The Future Ain’t What it Used to be

Think About This... Risk has multiplied; It’s No Longer Liner

Think About This…Every Business has Risk but Risk doesn’t kill every business!

Follow Pavlo on Twitter https://twitter.com/pavlophitidis 

10 Actions for Growth & Competitive Advantage – Paul Naidoo

I  must say that I really enjoyed Paul Naido‘s presentation at the APSO2012 Owner/Manager’s Conference. One of his two presentations was on “10 actions for growth and competitive advantage” Here are the 10 Actions

1. ME PTY LTD .. Get a designated accountability coach. Compete with yourself. Be better than yourself constantly.

2. Belief Systems .. Know your recession and work with your recession. Forget the worlds recession
3. Business Success Principles…what do you subscribe to. Choose what will never change. Only tactical approach will change
4. Information is Currency . Meanful information to stakeholders
5. Numbers Don’t Lie.. what will customers say about you
6. Goal Renewal
7. Change … Initiate change . What has changed since we last met?
8. Networking … Who are your stakeholders. Network . Where is it happening? Where your stakeholders are be there.
9. Low Budget Marketing.. Look for as much free publicity as you can.
10. Attitude.. My Values (what do I value. I can lose the business today but never my customer) my actions. My Behaviour ( work on your ego.) find out why you got the business and why you didn’t get the business.

Ten Tweets from APSO 2012 Conference

WeszMadz selection of the top ten tweets (in no particular order) during the APSO 2012 Owner/Manager’s Conference 13 June 2012

Michael Jackson ‏@the_other_mj
#apso12 looking forward to speaking at, and MC’ing the conference today! Morning APSOnauts….

Michael Jackson ‏@the_other_mj
#apso12 begins, with an intro from the President….Tabeo Magodielo talks 35 years of history and a new future

Vanessa Raath ‏@Its_About_Peopl
Let’s kick it #APSO12 – arrived late but to be expected when you come through the airport??

Natalie Singer ‏@nats_singer
Super successes #apso12 APSO recognised globally as an outstanding example of an active staffing organisation! Members should be proud!

APSO SouthAfrica ‏@APSOZA
Let’s embrace the opportunities rather than dwell on the obstacles and focus on positive contributions we make to our stakeholders #apso12

WeszMadz ‏@WeszMadz
Be afraid of your customers because those are the folks who have the money #apso12

Georgina Barrick ‏@GeorgieFB
@the_other_mj fantastic presentation @ #apso12 very dynamic interesting – highly recommended

APSO SouthAfrica ‏@APSOZA
His Excellency the Most Honourable Clem Sunter on the podium #apso12 The World & SA beyond 2012. Scenarios, flags & probability

Natalie Singer ‏@nats_singer
23000 of our 28000 schools in SA are dysfunctional. How do we fix this? Educate, empower & performance manage the principals #apso12

Vanessa Raath

“@Its_About_Peopl: Well done @APSOZA – great conference again 🙂 #apso12”

7 Deadly Business Sins – Michael Jackson

The Federation of African Professional Staffing Organisations (APSO) is committed to the upliftment and professionalisation of the labour recruitment industry in South Africa. APSO hosted their Owner/Manager’s Conference on the 13th of June at the Premier Hotel OR Tambo.

The other Michael Jackson was the MC and he also presented “The Challenge of Change”. Part of that presentation he pointed out what he terms the 7 Deadly modern business sins

Michael Jackson 7 Deadly modern business sins

1. Believing business has become justified and craving constant growth from unchanged products goods and services

2. Coveting image at all costs without regard to ethics people or the environment

3. Seeking to reduce every business cost possible with the sole objective of making profit

4. Allowing poor performances to persist and go unchallenged. These kill your brand 

5. Laziness and indifference wrapped in complexity, policy and procedures 

6. Resenting what your colleagues or competitors have ,that you perceive rightfully should be yours

7. Pride. The deadliest of business sins. Glorifying everything you perceive you have built and done

R183 008,00 New BCEA Threshold wef 1 July 2012

There has been talk that it will happen and yes it has happened. How does this tie in with the bills at Parliament? We await to see

Image: Ogilvy

Nelisiwe Mildred Oliphant, Minister of Labour Image: Ogilvy

I, Nelisiwe Mildred Oliphant, Minister of Labour, in terms of Section 6(3) of the Basic Conditions of Employment Act, No. 75 of 1997, (the Act), determine that all employees earning in excess of R183 008.00 (one hundred and eighty three thousand and eight rand)
per annum be excluded from sections 9, 10, 11, 12, 14, 15, 16, 17(2), 18(3) of the Act with effect from 1 July 2012.

Download the document here BCEA New Threshold 1 July 2012