What evidence shows an employer waived retirement age?

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Accepted Answer

Employer Conduct Indicated Waiver of Retirement Age

The employer effectively waived the retirement age by continuing to employ the individual for several years past 60 without altering his employment terms. This included continued salary and benefits, salary increments, and a revision of EPF contribution rates, all of which contradicted the notion that the employment had concluded at the statutory retirement age.
Continued Employment and Benefits Post-Retirement Age

The employee continued to serve as a Project Manager for several years after reaching the age of 60. Crucially, there were no modifications to his existing employment terms during this extended period. The employer consistently paid his salary and provided benefits, demonstrating an ongoing commitment to his role within the company.
Salary Increments and EPF Contribution Adjustments

Beyond simply retaining the employee, the employer actively provided salary increments after he had passed the age of 60. Furthermore, the employer revised the employee’s Employees Provident Fund (EPF) contribution rate from 4 per cent to 8 per cent. These actions signal a continued investment in and valuation of the employee as an active member of the workforce, inconsistent with an intention to enforce mandatory retirement.
Industrial Court's Finding on Waiver

The Industrial Court determined that the employer's consistent actions demonstrated a waiver of any right to enforce retirement at age 60. By voluntarily allowing the employee to continue working under unchanged terms, granting increments, and adjusting contributions, the employer's conduct clearly indicated an intention to extend the employment relationship beyond the statutory retirement age. This effectively precluded the employer from later using age as a sole basis for termination.

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What evidence shows an employer waived retirement age?

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