02 April 2024 Employment contract >> Corporate Law   |   Employment, Labor & Service >> Corporate Law  

A recent court case centered on a dispute between an employee and their employer regarding the employee's date of birth. The employee, referred to in the court documents as the respondent, argued that their birthdate was recorded incorrectly by the employer, the appellant.

Background:

The employee claimed their actual birthdate is March 12, 1955. However, upon starting employment in 1972, they declared their age as 24, placing their birthdate at December 27, 1948. This initial declaration by the employee aligned with their employment, as the minimum age requirement was 18. Ten years later, in 1982, the employee altered their declared birthdate to March 12, 1955, but without providing any documentation to support the change. It wasn't until 1998, when the employer requested documentary proof of birthdate, that the employee presented a school transfer certificate indicating their birthdate as March 12, 1955.

The employer, however, maintained the December 1948 birthdate based on the employee's original declaration. The employee challenged this decision, seeking to have their birthdate officially changed in the employment records.

Conclusion:

The court sided with the employer, considering several factors:

• The employee's initial birthdate declaration in 1972, which the employer relied upon.
• The significant delay (over two decades) in presenting evidence to support the birthdate change.
• The fact that the employee, if they had declared their actual birthdate in 1972, would not have met the minimum age requirement for employment.

The court pointed out that the employee's actions amounted to estoppel, a legal principle preventing someone from going back on their word after another party has taken action in reliance on it. The court's decision upheld the employer's record of the employee's birthdate as December 27, 1948. Consequently, the employee's request for back wages based on a different retirement age calculated from their proposed birthdate was denied.

  Dock Workers (Regulation of Employment) Act, 1948    COMPANIES ACT, 2013    EMPLOYEES STATE INSURANCE ACT, 1948    Coal Mines Provident Fund and Bonus Schemes Act, 1948