A former vice-president at a construction company has been awarded more than BD50,000 by the High Labour Court after not receiving more than a year’s worth of wages.
The court ordered the firm to pay the Indian plaintiff BD31,280 in outstanding salary arrears, along with interest, and an additional BD9,400 in compensation for terminating his contract without a valid reason. The construction company was also ordered to pay him BD8,225 in indemnity benefits, BD1,992 as compensation for annual leave not taken, provide him with an experience certificate and BD100 for lawyer fees.
Represented by lawyer Manal Dhahi, the expat was awarded a total of BD50,997.
Ms Dhahi
According to the verdict, the company must pay interest at a rate of six per cent on salaries delayed by six months or less, and 1pc on salaries delayed by more than six months, provided that the total interest does not exceed 12pc.
“The plaintiff started working at the company as a vice-president on an indefinite contract in March 2017, with a monthly salary of BD2,040 (BD1,500 base salary and BD540 in allowances),” read the verdict.
“The defendant – the company – did not pay its employees over different time periods. The plaintiff sent an email to the company, stating that his last day at work will be on December 10, 2024, if he is not paid his wages.
“He was not paid, which means that the company ended his contract for no reason.”
The case was brought before the High Labour Court after the labour disputes directorate could not solve the issue amicably.
Judges heard witnesses, ascertained the circumstances surrounding the end of the plaintiff’s employment, questioned the 48-year-old plaintiff, and asked him to submit bank statements.
The court also appointed an accountant to audit the company and prepare a financial report, granting him the authority to visit the employer’s headquarters and examine all records related to the plaintiff. The documents included salary slips, paid time-off forms, end of service compensation, details about transfers, and records of any outstanding amounts owed to him.
Proof, which the court built its verdict on, showed that the plaintiff was not paid his salaries for October and November 2022, again from August to October 2023, and from February 2024 until his last day of employment.
As part of their defence, the company claimed that the plaintiff stopped working for them on 10 December 2023 – a whole year before his resignation – and that their relationship ended on that day. However, it was unable to prove that this was his last working day.
As evidence, the defendant provided an email from the vice-president, stating that he will be working at the office, but will no longer attend meetings or directly interact with clients or consultants.
Furthermore, a letter from the Labour Market Regulatory Authority confirmed that the expat’s work permit was valid until March 2025, having been renewed in March 2023.
In the lawsuit she lodged against the firm, Ms Dhahi initially demanded BD56,311, plus compensation for delays in salary payment, which included BD12,648 for unjustified termination of contract.
As per commercial registration (CR) platform Sijilat, the company is licensed to construct buildings and roads, execute utility projects, and provide services to do with civil engineering. Two of the firm’s three owners, who own 75pc of its shares, are currently under sequestration, records show.
zainab@gdnmedia.bh
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