BCC 285/2006
Type
Case
Court
Bahrain Court of Cassation
Jurisdiction
Bahrain
Taxonomy
General Tort, Civil Courts, Jurisdiction & Choice of Law, Central Government, General Employment & Labour Law, Pay, Benefits & Tax
Copyright
LexisNexis
Decision date
5 Mar 2007
Catchwords
Court – Jurisdiction – Civil Servant – Secondment – Labour Dispute – Salary – Tort
This case involved a request for compensation by a company from an employee who had made a mistake at work. The key question was whether this was a labour dispute to be heard by the labour courts. The employee was subject to civil service regulations but at the time had been seconded to a company.
Background
A company filed a case against an employee before the civil court requesting the employee to pay 200000 Dinars and 7% interest as compensation for damage which had resulted from his mistake during work.
The employee argued that the court had no mandate to consider the case because the dispute was a labour one.
The court dismissed the case and the argument made by the employee.
The company and the employee appealed the ruling before the court of appeal. The court dismissed the appealed ruling and ruled that the civil court had no mandate to consider the case and referred the case to the labour department in the lower civil court.
Decision