BCC 176/2007
Type
Case
Court
Bahrain Court of Cassation
Jurisdiction
Bahrain
Taxonomy
Appeals, Litigation Procedure & Practice, General Civil Procedure & Administration of Justice, General Employment & Labour Law, Termination of Employment, Contract & Conditions of Employment, Compensation
Copyright
LexisNexis
Decision date
3 Mar 2008
Catchwords
Appeal – Litigation Procedure – Amended Request – Employee – Secondment – Resignation – Compensation – Certificate of Experience – Salary Reduction – Indefinite Employment Contract
The original dispute involved an employee who after a secondment had been asked to work in Jordan on a lesser salary so had resigned. Compensation was requested. A key issue was whether a later request for a certificate of experience could be considered when it had been requested to be added under Article 66 of the Advocacy Law.
Background
An employee filed a case against a bank before the Ministry of Labour claiming that he worked for the bank under an indefinite contract and then was seconded to another bank. The employee said that the bank then terminated the secondment and requested he return to Jordan to work on a lesser wage. The employee said that he had resigned from his job as he objected to this decision. The Ministry referred the case to the court.
The court ruled that the bank should pay the employee $67751.5 and pay tickets for the employee and his family.
The employee appealed the ruling before the court of appeal. The court upheld the appealed ruling.
Decision