SCSLD 431/2/750/2010
Type
Case
Court
Supreme Commission for the Settlement of Labour Disputes (Saudi Arabia)
Jurisdiction
Saudi Arabia
Taxonomy
Rights & Duties of Employees & Employers, Termination of Employment
Copyright
LexisNexis
Decision date
22 Jun 2010
Catchwords
Employee’s rights – Termination of employment – Absence
This case involved a request by an employee for reinstatement. This was rejected as there were valid grounds for dismissal based on the employee's absence but there were not valid grounds for changing the end of service gratuity.
Background
An employee filed a case against a company before the First Instance Authority for Settlement of Labour Disputes in Jizan requesting to be reinstated.
The First Instance Authority issued a ruling dismissing the reinstatement request but asked the company to settle the employee's rights as per Article 84 of the Labour Law.
Decision
The employee filed an appeal before the High Authority for Settlement of Labour Disputes (SLHASLD) which stated the employee had been absent for more than 16 days and this was a valid reason to dismiss him but was not a valid reason for affecting his right to an end of service gratuity. Therefore, the SLHASLD issued a ruling upholding the ruling issued by the First Instance Authority.