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November 11, 2004

Employer bound by retirement age in contract

The Labour Appeal Court recently heard a case concerning the issue of retirement age. The questions that arose, reports the Daily Dispatch, were whether an employee can be compelled to retire and, if so, what age is regarded as the retirement age. South African law provides that it is unfair to dismiss an employee based on age unless he or she has reached the normal or agreed retirement age for a person employed in that capacity. The retirement age may have been agreed in the employment contract and then the employee can be required to retire when the specified age is reached. But if the age has not been agreed to, then the employer cannot simply fix the age for retirement for existing employees. Trying to do so would be a unilateral change to terms and conditions of employment, which would have no effect in law.
Full report in the Daily Dispatch


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November 08, 2004

US ruling on children exposed to abuse at home

New York State Court of Appeals has ruled that children who have been exposed to abuse at home cannot be taken from their parents and placed in foster care. The ruling, reports The New York Times, formalises specific standards for removing children from homes where domestic abuse occurs, requiring that authorities exhaust alternatives and insisting that the possible threat to the child's health or welfare be imminent. The courts, in a unanimous decision, said it was not acceptable to take children out of their homes solely because they had seen the mother being beaten, suggesting that it would unfairly punish innocent women and even harm the children themselves. Instead, it said the authorities would have to show that the mother was indifferent to the psychological harm that repeated exposure to beatings caused the child in order to justify asking the courts to consider a removal.