In Brief
A worker was unlawfully terminated in 1991 and later won reinstatement from the Labour Court in 1997. However, he had reached retirement age before the award was made. The High Court set aside the award entirely due to the superannuation issue. The Supreme Court held that since the employer did not challenge reinstatement—only the backwages obligation—the award should not have been cancelled. The Court allowed the appeal and directed 50% backwages from termination to retirement, treating the worker as continuously employed for superannuation benefits.
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