Exceptions to the retirement age rule
There is in general no set legal age to retire from work, so you can’t force or require employees to retire just because of their age. However, there are some specific exceptions to this rule.
Earlier agreements
- If you have a written employment agreement with the employee that was in force on 1 April 1992 and remains in force, and,
- If this agreement specified a retirement age, and the employer and the employee agreed in writing on or after 1 April 1992 to confirm or change this retirement age, then the employee must retire at that age.
If there is no written confirmation on or after 1 April 1992, you must not make an employee leave because of his or her age.
Other exceptions
- Certain non-New Zealand crews of ships and aircrafts
- Certain work performed outside of New Zealand
- Certain occupations, such as coroners and judges, where the retirement age is set out in legislation
- Domestic employment in a private household
- Where being a particular age or in a particular age group is a genuine occupational qualification for the employment.
However, these exceptions will not apply if you could make some adjustment to your business activities, not involving unreasonable disruption, that would allow some other employee to carry out the required duties.
If you do force an employee to retire, and the situation is not covered by one of the exceptions, then the employee can challenge your decision by taking a personal grievance.
