The Western Cape High Court in Cape Town. Legal aid was brought toa standstill by striking employees.
Legal Aid South Africa temporarily extended its retirement age from 60 to 65 before being forced to withdraw that concession after a R813 million budget cut – an issue that is at the heart of a labour dispute with its unionised staff.
The entity has rejected claims by the South African Legal Workers Union (SALAWU) that it unilaterally reduced the retirement age to 60, saying the limit has been in place since August 2009 in terms of its Terms and Conditions of Employment (TEC) – and has been tested in court.
“[It] was confirmed by the Labour Appeal Court in a judgment delivered in November 2019 in a matter on retirement age between a former employee and Legal Aid SA. The former employee approached the Constitutional Court for leave to appeal the judgment of the Labour Appeal Court, which application the Constitutional Court dismissed for want of jurisdiction and prospects of success,” it said.
Legal Aid SA said the TEC was signed off by its board in November 2018 and agreed to by the ministers of justice and finance in February 2020, following consultation with employees, and is in line with the Legal Aid SA Act.
