SCSLD 432/2/936/2011

This case involved a request for reinstatement by an employee. A key issue was the employer had not given the necessary warnings or followed disciplinary procedures.

Background

An employee filed a case against a company before First Instance Authority for Settlement of Labour Disputes (FIASLD) requesting the company reinstate him and pay his salary and holiday pay.

The FIASLD ruled that the employee should return to his post and that the company should pay his salary for the period of dismissal.

The company appealed the ruling before the SLHASLD.

Decision

The SLHASLD stated the case file revealed that the company had not taken the disciplinary procedures stipulated by Article 71 of the Labour Law and had not warned the employee.

The SLHASLD upheld the appealed ruling.