SCSLD 90/2/431/2010
Type
Case
Court
Supreme Commission for the Settlement of Labour Disputes (Saudi Arabia)
Jurisdiction
Saudi Arabia
Taxonomy
Termination of Employment, Pay, Benefits & Tax, Rights & Duties of Employees & Employers, Disciplinary & Grievance Procedures
Copyright
LexisNexis
Decision date
3 Feb 2010
Catchwords
Under Fair Dismissal – Disciplinary – Sick Leave – Salary – Employee’s Rights
This case involved a claim for reinstatement and repayment of salary during a suspension period by an employee who had been dismissed as a result of the level of sick leave they had taken. The absence level was valid grounds for dismissal but salary should have been paid.
Acknowledgment
Background
An employee brought a claim before the First Instance Authority for Settlement of Labour Disputes against a company requesting the latter to reinstate them in their position and compensate them for lost salary during the period if their suspension.
The Authority dismissed the claim stating the employee had taken more than 120 days sick leave and this was a valid reason for their dismissals in line with Article 117 of the Labour Law.
Decision