A significant ruling, delivered on 29 August 2024, in the matter of UMICORE CATALYST SOUTH AFRICA (PTY) LTD V NUMSA AND OTHERS (PA3/23)...

The Constitutional Court has clarified whether dismissal after retirement age is automatically unfair under the Labour Relations Act. In MISA v Great South Autobody CC [2024] ZACC 29, the Court split on whether dismissal months after the agreed retirement age amounts to unfair age discrimination. While some judges argued that delay could waive the employer’s right, the majority held that section 187(2)(b) allows dismissal at any time after the agreed retirement age, provided