Part XUnfair dismissal

Chapter IRight not to be unfairly dismissed

Exclusion of right

109Upper age limit

1

Section 94 does not apply to the dismissal of an employee if on or before the effective date of termination he has attained—

a

in a case where—

i

in the undertaking in which the employee was employed there was a normal retiring age for an employee holding the position held by the employee, and

ii

the age was the same whether the employee holding that position was a man or a woman,

that normal retiring age, and

b

in any other case, the age of sixty-five.

2

Subsection (1) does not apply if—

a

section 84 or 96(1) applies,

b

subsection (1) of section 99 (read with subsection (2) of that section) or subsection (3) of that section applies,

c

subsection (1) of section 100 (read with subsections (2) and (3) of that section) applies,

d

subsection (1) of section 101 (read with subsection (2) of that section) or subsection (3) of that section applies,

e

section 102 applies,

f

section 103 applies,

g

subsection (1) of section 104 (read with subsections (2) and (3) of that section) applies, or

h

section 105 applies.