PG office ordered to compensate unfairly dismissed prosecutor

PG office ordered to compensate unfairly dismissed prosecutor
June 08 15:43 2016

The employment tribunal has ordered the Prosecutor General’s Office to compensate a former public prosecutor for unfair dismissal.

Aminath Areej Hussain was sacked on December 9 after the human resource department deemed her “unfit” to work at the PG office. The lawyer had served as a public prosecutor since early 2013.

Areej filed a complaint with the tribunal noting that she was not cautioned or given prior warning before her abrupt dismissal.

In its ruling in Areej’s favour, the tribunal said the PG office failed both to substantiate the facts of the case and ensure procedural fairness.

The office was ordered to pay out MVR153,569.40 (US$9959.10) within twenty days from June 8.

The tribunal did not order her reinstatement, suggesting that it would not be in the interest of either party due to loss of confidence and trust. Neither Areej nor the PG office spokesman wished to comment on the tribunal’s ruling.

Asked whether the decision would be appealed, PG Spokesman Hisham Wajeeh said the Attorney General’s office represents state institutions in such matters.

PG Aishath Bisham was not answering her phone at the time of publication.

Last month, the civil court ordered the state-owned wholesale trader to reinstate a former manager and compensate the unlawfully sacked employee for lost pay amounting to MVR1.4million (US$90,921).

The defence ministry was also ordered in December last year to reinstate eight aviation security officers who were sacked in May last year.

The government had cited loss of confidence in dismissing the eight officers, but the tribunal ruled they were dismissed without due process and that the government was unable to prove that posed a threat to national security.

However, the tribunal’s rulings are rarely enforced.