BCC 765/2010
Type
Case
Court
Bahrain Court of Cassation
Jurisdiction
Bahrain
Taxonomy
Contract & Conditions of Employment, Termination of Employment
Copyright
LexisNexis
Decision date
11 Oct 2010
Catchwords
Fixed term contract – Employment Contract – Foreign Employee – Ministerial Employee – Right to Dismiss – Unfair Dismissal
The original dispute involved the request for the cancellation of a dismissal decision by a foreign worker on a fixed term employment contract. A key point was whether the person who had dismissed him had the authority to do so. It was also stated as the employee was a foreigner who had been hired by a government ministry he was not covered by all the provisions of Bahraini employment law.
Background
A Sudanese employer filed a case N°6478/2008 before the administrative chamber of the Bahraini High Civil Court against the company which had employed him as a project manager of development of the human and financial resources under a fixed term contract. He requested decision on 07/02/2008 to dismiss him before the end of his contract without reason be cancelled. He said this decision was illegal since it had been issued without a plausible reason and signed by a non-qualified employer.He also requested a compensation for the damage he suffered as a result of the decision.
The High Court ruled for the annulment of the appealed ruling and refused any other requests.