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Don't discriminate based on age! Here's why

by , 13 September 2015
According to the Employment Equity Act, you can't discriminate against employees, or even potential employees, on a number of grounds.

And age is one of those grounds. It counts as unfair discrimination.

As will be seen in the below case, you can't reject an applicant for a position because of their age:

Case Law: WE148 – Commissioner Nowall

In this particular case, the Commission for Conciliation, Mediation and Arbitration (CCMA) found the owner of a video store guilty of discrimination.

In a job advert, he was looking for someone who was under 25 years of age. 

This led to him rejecting a lady who was 28 years of age. 

He argued that the salary was too low and that she wouldn't like taking orders from younger managers.

Despite this, it was ruled that the owner either had to pay her 6 months' salary or hire her. 
 
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As you can see, it's very easy to be found guilty of unfair discrimination based on age. Don't become a victim here. 

It's worth noting that you're entitled to end an employee's services when he reaches retirement age. But you must ensure your retirement ages are clearly stated in your policies and contracts. 

To learn more, click below…
 
 
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