Former UNISA professor challenges compulsory retirement policy after turning 65

A former lecturer at the University of SA (Unisa) has lost a court case to get his job back after he unwillingly retired when he turned 65.

Jan Walters Kruger, 72, retired in January 2019 and following his retirement, he approached the Labour Court in Johannesburg seeking reinstatement, alternatively, 24 months’ compensation.

Kruger said that before retiring, in July 2018, he lodged a grievance with the employee relations directorate stating that compulsory retirement of 65 years was a violation of human rights as it discriminates adults based on their age. 

He received a response in September 2018 stating that the policy for termination of employment was adopted by all stakeholders in the Unisa bargaining council in July 2017.

Kruger referred to Professor Neuland, who worked until he was 84, Professor Klopper, who worked until he was 72, Professor Strydom, who worked until he was 77 and Professor Pellissier, who worked until she was 66.

However, Unisa argued that all the people mentioned by Kruger had retired and were subsequently offered contract employment, depending on the operational needs of the university.

"The appointment of the said individuals was for specific projects or on a fixed-term basis, after their appointment was motivated for and approved," argued the university.

Presiding over the case, Judge Connie Prinsloo said the court had empathy for Kruger who still believes he has contribution to make in the workplace.

Regarding the examples Kruger gave about people who worked post 65, the judge said it was either Kruger did not understand or did not know the true position of the individuals he wanted to compare himself to.

Judge Prinsloo said the law must be applied dispassionately, with the focus on the relevant legal questions and the applicable principles.

Kruger's application was dismissed.

Cape Argus