BCC 299/2007, 331/2007

This case involved a claim made by an employee who had been injured at work and not paid compensation. The court was wrong to award the employee a daily allowance and interest when this had already been paid by the Social Insurance Authority.

Background

An employee made a complaint against a company before the Ministry of Labour claiming that he was working at the company with a defined contract of employment and got injured at work. The employee said that the company had not paid him compensation and requested the referral of his case to a medical commission. The Ministry referred the case to the court. The employee added the Social Insurance Organisation requesting it pay the compensation along with the company.

The court dismissed the request to add the new defendant and ruled that the company should pay the employee 91 Dinars for holiday pay and 66.444 Dinars for end of service gratuity.

The employee appealed the ruling before the court of appeal. The court dismissed the appealed ruling and ruled that the Social Insurance Organisation should pay the employee 280 Dinars and 3% interest.

Decision