SCSLD 432/2/825/2011

This case involved a request by an employee for their entitlements including holiday pay and salary. The court was wrong to award an end of service gratuity when the employee had not asked for this.

Background

An employee filed a claim with the First Instance Authority for Settlement of Labour Disputes (FIASLD) in Jeddah against a company requesting his labour entitlements.

The FIASLD issued a ruling requesting the company to pay the employee 12750 Riyals for outstanding salary, 3920 Riyals as an end of service gratuity, 5472 Riyals for holiday pay, and buy them travel tickets.

The company appealed the ruling before the SLHASLD claiming that the employee should not be be given an end of service gratuity as he had assaulted the employer and abused his trust. The company also said that the employee did not request the gratuity from the FIASLD so the authority should not have requested it.

Decision

The SLHASLD stated the employee had not requested the end of service gratuity before the FIASLD which rendered the ruling issued by FIASLD invalid.