Court rules in favour of Health Ministry in BD32,000 unpaid salary case

TDT | Manama     

The Daily Tribune – www.newsofbahrain.com

The Second High Civil Court of Appeal annulled a court order asking the Ministry of Health to pay BD32,000 in unpaid salaries to a part-time employee, citing a rule that forfeits any such claims not made within five years of their due date.

The Court ruled that a person’s right to claim salaries and government disbursed amounts lapses five years after their due date, not 15 years.

“It is not permissible to claim them after that period unless there was a legal impediment,” the Court said. The plaintiff had filed a lawsuit demanding the ministry pay him BD32,400 against unpaid salaries. Court files say the person joined the Ministry of Health more than ten years ago as a part-timer.

He worked with the ministry for 45 consecutive months. However, the ministry allegedly paid him only nine months of wages. Unpaid salaries thus amount to BD32,400, equivalent to 36 months. The Court of the first instance had ordered the ministry to pay the plaintiff BD32,400, expenses and BD100 towards attorney’s fees.

The Court of Appeals also confirmed the ruling ordering the ministry to pay BD32,400 towards the person’s salary from 2009 to 2012 if the person does not want to claim salaries until the date of filing the appeal.

The current judgement rules that nine years have passed from the date of claim and that Article (29/4) of the Civil Service Law requires the judiciary not to hear such cases after five years. The Court also ordered the respondent to pay the expenses for two levels of litigation and BD50 dinars towards attorney’s fees.