In Brief
A bank employee dismissed in 1991 for alleged drunkenness and misconduct sought reinstatement. A labour tribunal and high court awarded reinstatement with full back wages, finding the charges unproven. The Supreme Court reversed this decision, holding that the tribunal erred by re-appreciating evidence as an appellate court rather than merely reviewing procedural fairness. The tribunal wrongly applied the criminal standard of proof beyond reasonable doubt instead of civil preponderance of probabilities. The Court upheld the dismissal but clarified that no recovery would be made from wages already paid to the workman during litigation.
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