SCSLD 431/2/723/2010

This case involved a request by an employee for reinstatement at their work. The court ruled this should happen as the employer had failed to provide sufficient evidence that the dismissal was because of violations the employee had undertaken.

Background

An employee filed a claim before the First Instance Authority for Settlement of Labour Disputes in Asir against a company requesting they reinstate him.

The Authority issued a ruling requesting the company to reinstate the employee and pay his salaries starting from the dismissal date until his return to work. The Authority also stated his years of service should be considered as being continuous.

Decision

The company filed an appeal before the High Authority for Settlement of (SLHASLD) in Jeddah, which examined the appeal and stated the company had dismissed the employee because he had carried out a number of violations. The employee denied these violations and the company failed to give evidence to prove he had done these things. Therefore, SLHASLD stated it agreed with the ruling issued by the First Instance Authority through its decision No. 767/2008.

The SLHASLD issued a ruling upholding the appealed ruling.