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The Court of Appeal has upheld an Industrial Court ruling awarding retirement benefits to three long-serving early-childhood educators who were terminated by Servol Ltd at age 60, despite no express contractual retirement provisions.
In a majority judgment delivered by Justices of Appeal Ronnie Boodoosingh and Geoffrey Henderson, the court rejected Servol’s arguments and affirmed the Industrial Court's jurisdiction under Section 10(3) of the Industrial Relations Act to determine whether the absence of retirement benefits breached principles of good industrial relations practice. Justice of Appeal Peter Rajkumar dissented.
The appeal was only allowed in part to permit reconsideration of compensation by the Industrial Court.
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