BCC 434/2015
This case involved an employee who was a Bahraini national who had been dismissed for poor performance. Key issues were whether she was entitled to notice pay and an end of service gratuity.
Background
A claimant filed a case with the civil court against the defendant. She was working for the defendant on an unlimited-term contract, at a monthly wage of 895 Dinars, but she was unfairly dismissed without notice.
She requested her dues, including compensation for dismissal, notice period and an end of service gratuity
The court asked the defendant to pay 820 Dinars for the notice period and 273 Dinars for the end of service gratuity but refused compensation for dismissal.
The defendant appealed the ruling before the court of cassation claiming an error in the application of law. The court gave the claimant notice pay even though she had been dismissed because of her legal efficiency and that was why she has not been compensated for unfair dismissal.