BCC 341, 318/2015

This case involved end of service dues owed to an employee who had been dismissed when her employer closed all their branches. The key issue was evidence of whether they had been paid holiday pay.

Background

A claimant filed a case before the labour cases department against an employer requesting his salary, notice period, annual leave, and compensation according to Article 111 of Bahrain Law No. 36/2012. The claimant said that she was working for the employer but it had closed down all of its branches because it had incurred losses and had not paid the dues of the claimant employee.

The case was referred to High Civil Court which issued a ruling stating the case could not be heard in regards to the request for compensation because of the dismissal but it ordered the employer to pay the claimant outstanding salary and pay in lieu of notice.

The claimant appealed the ruling before the court of cassation (appeal 318-2015) and the employer appealed the ruling before the court of cassation (appeal 341-2015).