BCC 498/2007
Type
Case
Court
Bahrain Court of Cassation
Jurisdiction
Bahrain
Taxonomy
Types of Insurance, Insurance Claims & Payments, General Welfare, Housing & Social Security Law, Rights & Duties of Employees & Employers, Civil Evidence
Copyright
LexisNexis
Decision date
10 Mar 2008
Catchwords
Social Insurance – Employee’s Rights – Lump Sum – Evidence
This case involved an employee's request that a lump sum payment from the social insurance fund be made as he had left Bahrain to work in the UAE. The court had been wrong to rule on this without getting evidence of whether the employee was leaving Bahrain for good or might return in the future to work in the country.
Background
An employee filed a case against a defendant before the court requesting the defendant pay 39178.838 Dinars and interests in addition to a lump-sum compensation. The employee said that he was insured by the defendant for the period from July 1987 to October 2003 and he moved to work permanently in a company in UAE. The employee said that he requested the defendant pay him the lump-sum compensation under Article 38 of the Law of Social Insurance but they refused to pay him.
The court ruled that the defendant should pay the employee 29178.838 Dinars and interest.
The defendant appealed the ruling before the court of appeal. The court upheld the appealed ruling.
Decision