15 October Can you force an employee to retire? October 15, 2019 By Reef Admin Temination of employment 0 It's a question the REEF Helpline recently received from a member. So what's the answer? Unfortunately, in the case in question, the employee’s work performance had deteriorated to the point where the member was seriously considering dismissal. In part, the employee had slowed down due to some health issues. While the employee would be eligible to receive an aged pension if no longer employed, he was adamant that he was still capable of continuing in employment. The inevitable question arises: can the employer ask the employee to retire because they’ve reached the eligible age to receive a government pension? It’s important to acknowledge that the employee has a number of statutory protections if the grounds for dismissal are based solely or primarily on age. These include the Age Discrimination Act 2014 (Cth), State and Territory anti-discrimination laws, and the general protections provisions under the Fair Work Act 2009 (Cth). In this instance, dismissal could only be justified if the employee was deemed incapable of performing the inherent requirements of the job. In most cases, establishing this requires the implementation of a performance management plan (in the same way as unsatisfactory performance is managed with a younger employee). While initiating discussions and implementing performance reviews with an older employee can be awkward, it is a necessary step to bringing the employment relationship to an end as safely as possible. Contact REEF If you’re facing a similar situation, please call the REEF Helpline on 1300 616 170 to talk to one of our Workplace Relations Advisors. Related Real Estate Industry Award: Out with the old, in with the new After a long battle, the Fair Work Commission has now finalised the four-year award review and the new Real Estate Industry Award will commence on 2 April 2018. Here's what you need to know before the changes kick in. How can I restrain an ex-employee's conduct? It’s a common misconception that a post-employment restraint in an employee’s contract of employment isn’t worth the paper it’s written on. But the absence of a restraint leaves you with very limited opportunity to restrain an ex-employee's objectionable conduct. How should I manage an underperforming employee? Most businesses will experience a difficult, uncooperative or underperforming employee at some stage. You have to deal with them, but how? Buying an agency? You need to understand employee entitlements The sale of a real estate agency is something most business owners will face at some point. Here are some things to be aware of when it comes to employee entitlements. Counting down the days: Employee absence during a probation period How does an employee's absence during their probation period affect their ability to bring an unfair dismissal claim? Does it extend their probation period or Minimum Period of Employment? Employee deductions: What's allowed, what's not To deduct or not to deduct? When it comes to deductions from an employee's pay, what's allowed and what's not? What amounts can an employer take out before it hits an employee's hand? Comments are closed.