Court orders bank to pay QAR1.2 million for illegal contract termination

Court orders bank to pay QAR1.2 million for illegal contract termination

Qatar Living
By Qatar Living

Qatar's highest court has ordered a local bank to pay an employee QAR1.2m ($330,000) in damages for removing him from his job in an unfair way and in violation of the terms agreed to in his employment contract.

The man, a Pakistani national, joined the bank in early 2008 on a five-year contract. He was given an incentive by the bank of QAR300,000 for excellent performance in 2007.

Afterwards, he was promoted to the position of a senior executive manager and he was given a raise a few months later. He was selected as a member of the management committee of the bank as well.

However, as soon as the chairman of the bank's board changed, the employee fell on bad days.

He was notified that his performance was reevaluated and it was under-average. He was accused of misleading the bank for personal gains. His services were terminated a little later without any justification.

The employee challenged the termination in a lower court. The court asked an expert to prepare a report on the case. Based on this report, the court ordered the bank to pay QAR1,240,615 to the employee.

The lawyer of the bank argued that the employee's services were terminated as part of an administrative restructuring of the bank and according to his job contract both parties were free to make their own decisions.

And his dismissal took place accordingly. But the court rejected the argument.

The court instead ruled that the bank had terminated the employee's services without any reason since he did not violate Article 64 of the Labour Law. Based on this finding the court has ruled the verdict.

The bank went in appeal but the higher court upheld the verdict of the lower court, reported local Arabic daily Al Raya. The court ruled that the employee's summary dismissal was illegal.

Article 64 of the Labor Law says that a worker shall file a grievance before the employer before challenging any penalty (dismissal) imposed on him (by the employer) in court within seven days.

He could then go to the labor department if the employer does not respond. He can approach a court if the labor department does not decide the matter within seven days. [The Peninsula]

By Aslamvkm• 2 Jun 2015 01:10
Rating: 5/5
Aslamvkm

Hi, I'm working in food industry. I joined my company since 2011. Joined as sales executive 2013 promoted as a Business Development Officer 9 month before promoted as Sales & Marketing Manager. Last month I went to my home country for a emergency leave, once I come back from my County boss told that he wants to talk with me seriously. When I met him he is asking me to send the resin later I don't know for what reason he is pushing me to resin. I told him I won't send you resin later if you don't want my service anymore to your company you can terminate with valid reason. He said he will not do that. Now days he is not at all talking to me or sending me mails. I don't know what to do now. Shall I send you resin later or shall I move legally?

Could you please some advice me?

By kabeer ajmeer• 30 Apr 2015 23:23
kabeer ajmeer

can anyone let me know the name of the lawyer who was with the bank employee (pakistani)??

By ryanzanna• 30 Apr 2015 10:55
ryanzanna

Hi to all any one can help to the karwa bus driver because he supper for small salary and no increase since 2005 pls help us i need ur voice to help all karwa bus driver

By JokerQL• 29 Apr 2015 15:33
Rating: 3/5
JokerQL

@honeybee. This company looks really a horrible from what you mentioned above. leave as soon as possible and have peace of mind. try to find a job in some international firms.

if they terminate you then just think that its their problem and they aren't just lucky enough to have you.

By Sulieman• 29 Apr 2015 13:53
Rating: 3/5
Sulieman

Honeybee123 ,,, as you can read above, go to court !

By honeybee123• 29 Apr 2015 12:09
honeybee123

can some1 help me.

our company wants me to terminate me as i am only going for vacation.they want to terminate me without any valid reason (as there reason only is that i ddnt give the mail on time) which is only 5mins delayed. i am almost 3years to this company and for almost 3 years until now all of our staff and all the workers they are keeping the passport with them means we are not holding our own passports. since 1st i joined to the company i had never seen or signed my english-arabic contract as they have gven me only 1page contract under their company letterhead. and was surprisingly i hav my id but i am not the one who signed it.

my problem is.they are scarying me to the point hey wanted to destroy my entire life.. im going for vacation this May but they talk to me yesterday that they will terminate me..

hope some1 can advice me for my situation right now.

shukran.

By aamerz• 29 Apr 2015 11:38
aamerz

something doesn't add up here.. how did this guy get a QAR 300K incentive for excellent performance in 2007 when he JOINED the organization in 2008 ?????

By shabadn• 29 Apr 2015 10:23
Rating: 5/5
shabadn

i AM SLIGHTLY CONFUSED.....it was said...the pakistani joined the bank in 2008....but He was given an incentive by the bank for excellent performance in 2007....!! PLING PLING !!

By Sulieman• 28 Apr 2015 16:28
Sulieman

Joker QL ,, Good point too!

By JokerQL• 28 Apr 2015 16:26
Rating: 4/5
JokerQL

look like this guy was in a good post and paid well..so the new chairman went for a cost cutting and hire someone for the same post with half the salary (and there a chance as sulieman said above).

Though this compensation amount is high, I feel its less as he got 300k as just bonus, so obviously his salary must be a good figure and he must have contributed well to this firm.

anyway cheers to higher court. this kind of ruling would boost employees confidence.

By Sulieman• 28 Apr 2015 16:20
Sulieman

I mean "Well" **

By Sulieman• 28 Apr 2015 16:19
Rating: 2/5
Sulieman

aqarius ,,, Maybe not!

Maybe the new chairman has a friend who fits will this position (wink wink)

By aqarius_74• 28 Apr 2015 15:32
aqarius_74

May be the new management dont like pakis

By aqarius_74• 28 Apr 2015 15:32
aqarius_74

May be the new management dont like pakis

By Sulieman• 28 Apr 2015 15:08
Sulieman

knor ,,, Indeed!

But seriously, Human Rights in Qatar can help sometimes

By beastsap• 28 Apr 2015 14:45
beastsap

Three cheers to Higher court.....absolutely phenomenal to support a employee in this way. Lucky guy who got settlement in such huge amount.

By knor• 28 Apr 2015 14:26
knor

^^^he may find a strength to fight for his right sulieman.

By Sulieman• 28 Apr 2015 14:11
Sulieman

It is like when I complained about my company to the labor department and then the manager there asked me two questions:

1- Do they pay you on time? Yes, I replied

2- Do you have your passport? and I said Yes

then he said, sorry we can't help you

but after that thanks to the human rights, who got it right :O)

By knor• 28 Apr 2015 14:05
Rating: 3/5
knor

wish that this can be read by my colleague who has been terminated just because his manager pointed him and accused the he is the cause on the failure of their department. The truth is that m##$$@&F&*$%^r manager is really the incompetent one.

By Wild Turkey• 28 Apr 2015 13:32
Wild Turkey

It's about time that the "Wild West" of the labor market in Qatar gets a little order. Mabrouk!

By Tahira Saeel Aga• 28 Apr 2015 13:27
Tahira Saeel Aga

lucky guy

By britexpat• 28 Apr 2015 12:38
Rating: 4/5
britexpat

Well done to the Court of Appeal!

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