Question: Can I force an employee to retire?
Answer:No, not generally speaking. You cannot force an employee to retire under the Fair Work Act 2009 (Cth) as it may be considered unfair dismissal. If you believe that the employee can no longer perform their duties because of their age then you should follow the usual procedures for terminating an employment contract that will protect your business. These include warnings, performance reviews and allowing them to have a support person present during meetings. You can terminate an employee for poor performance but is important to follow the appropriate procedures when doing so. Some employment agreements will have a particular age at which a person must retire.
