SCSLD 431/2/780/2010

This case involved a request by an employee for reinstatement in her job, her service to be considered continuous and payment of salary. The employer had failed to provide evidence the employee had not met her contracted obligations. However, as the contract was for a definite period she could not be treated as having been dismissed.

Background

An employee filed a case against a company and requested the elementary authority for the settlement of labour disputes to dismiss the disciplinary decision issued by the company against her and to consider her service period as continuous and to pay her salary until her return to work.

The elementary authority ruled that this decision should be dismissed and that the company should pay the employee her salary.

The company appealed the ruling before the High Authority for the Settlement of Labour Disputes.

Decision