A former lecturer at the University of South Africa (Unisa) took the institution to court in an effort to get his job back after he unwillingly retired when he turned 65.

Jan Walters Kruger’s academic journey at Unisa began in 2001 when he joined as an independent contractor, eventually rising through the ranks to become an associate professor in November 2012 and later achieving the title of professor in January 2018.

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

In his statement, Kruger said that before retiring, in July 2018, he lodged a grievance with the employee relations directorate stating that compulsory retirement was a violation of human rights as it discriminates adults based on their age. He also mentioned that he had no intentions to retire.

He received a response in September 2018 stating that the policy for termination of employment that was adopted by all stakeholders in the Unisa bargaining council in July 2017 does not discriminate against employees based on age. 

He contended that his dismissal was automatically unfair because there was no normal retirement age as there were people who were employed by Unisa who were over 65.

To illustrate this, he 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. It was different from the permanent employment contracts they previously had with Unisa,” argued the university.

Kruger further added that his initial plan was to leave the institution at 60, however, the CEO of the School of Business Leadership (SBL), where he was employed, told him that he would not retire at the age of 60 or 65 because he had rare skill that the business school would not be able to operate without him.

His version was that the CEO verbally told him that he would not retire at 65, as Unisa would keep him indefinitely, as long as he performs.

He said he has been in the academic field since 1974 and has scarce skills. He believes that he is still capable and can contribute to the country.

A deputy HR director at the SBL told the court that there was no one beyond 65 at the department. He said where there’s an operational need, a person would be employed on fixed term contract.

Furthermore, Unisa argued that Kruger was not dismissed but his employment contract came to an end when he turned 65. The university added that at the time of his employment, Kruger knew that the retirement age was 60 and it was extended to 65 in November 2012.

Presiding over the case, Judge Connie Prinsloo said the court had empathy for 72-year-old Kruger who still believes he has contribution to make in the workplace and wants to remain employed for as long as he is able to perform.

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

The judge also noted that Kruger failed to support his case because he did not call the CEO to testify and prove the agreement he had alleged.

“The plaintiff (Kruger) failed to prove the agreement, and considering the evidence and the probabilities, it is improbable that such an agreement was reached,” said judge Prinsloo.

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

“This unfortunately informed his idea that he was treated differently, when others above the age of 65 were allowed to keep on.”

Based on the evidence, Kruger’s application was dismissed.

sinenhlanhla.masilela@iol.co.za

IOL News

Get your news on the go, click here to join the IOL News WhatsApp channel. 

Source link