Abstract
This dissertation firstly sets out the contemporary legal framework. The contemporary framework comprises a constitutional perspective, while also considering current labour legislation such as the Employment Equity Act, the Labour Relations Act and the Old Age Act. The study analyses the constitutionality of section 187(2)(b) and investigates whether this provision is likely to pass the test in terms of the section 36 limitation clause of the Constitution of the Republic of South Africa, 1996. Secondly, a best practice study is conducted with reference to the regulation of retirement in Spain and Germany. These jurisdictions’ approaches to retirement are assessed and compared to the current South African approach. Lastly, the dissertation provides specific conclusions and recommendations relating to a mandatory retirement age in South Africa.
LL.M. (Labour Law)