There are a few important points worth raising here.

First, how long has Sheryl actually worked for this company? If she's been a loyal employee for decades, it's pretty rough to suddenly demand she repay money that their payroll system incorrectly sent to her super.

Second, does her super fund include Income Protection or TPD insurance? Many workers don't realise these insurances can sometimes be accessed when they can't return to work due to injury or illness. It's worth checking - especially after 12 months on workers comp.

Third, what's the realistic outlook for Sheryl returning to work? If her doctors believe she won't be able to resume her duties, then she may already meet the criteria for retirement or medical release, which changes her options.

And at 68, Sheryl may now be eligible for the Age Pension or at least a part pension, especially if her super balance is low. That could give her some financial breathing room while she navigates this mess.

Finally, the bigger issue remains: why are older workers treated differently under this Act? If the employer made the error, and the worker had no control over the payments, it seems unfair to demand repayment from someone already dealing with injury, illness and financial strain.

These are exactly the kinds of cases that highlight why the legislation needs review - older workers deserve clarity and fair treatment, not penalties for administrative mistakes.

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Worst for the lady above, the $4500 will have been taxed at 15%, that is $300 tax is gone. The employer should plead their case to the super fund about the "error".

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