AI Summary of 3. Application
This Act applies to employees who are subject to a contract of employment that specifies a contractual retirement age below the pensionable age, provided they have completed their probationary period, if applicable.
Conversely, the Act does not apply to employees whose employment is governed by a legally mandated maximum retirement age, or those whose employment is subject to a legal maximum service limit, which dictates when an employee must retire or can be discharged.
3. Application
(1) This Act shall apply to an employee who -
(a) is subject to a contract of employment that specifies a contractual retirement age that is less than the pensionable age, and
(b) has completed his or her probationary period, if any.
(2) This Act shall not apply to -
(a) an employee whose employment is subject to a maximum retirement age required by law at which the employee is obliged to retire or be retired from an employer, or
(b) an employee whose employment is subject to a maximum service limit (however expressed) required by law at which a person or class of persons could be, or is, obliged to retire or be retired or discharged from an employer and which could differ from the pensionable age.