High Court also orders payment of salary and benefits in Faiz dismissal case

The High Court has upheld an order to pay more than MVR 600,000 in salary and benefits to Dr. Hussain Faiz, after ruling that his dismissal from the post of Secretary General of the Supreme Court, over allegations of spying on the court's judges, was wrongful.

Faiz was dismissed from his job in November 2022 following allegations that CCTV cameras were installed in the Supreme Court in a manner that allowed for the surveillance of the then-judges and staff, and that the camera feeds were made accessible to his room.

At the time, it was also alleged that over MVR 200,000 was spent from the budget to install the cameras in violation of state financial regulations.

However, Faiz denied these allegations.

Faiz, who currently serves as a member of the Civil Service Commission (CSC), submitted the case to the Employment Tribunal, which ruled that his dismissal was wrongful.

Consequently, the Tribunal ordered that he be paid salary and benefits from the date of his dismissal until the date his five-year term in the position would have expired. In this regard, the Tribunal determined that MVR 678,000 must be paid to him.

When the Judicial Service Commission (JSC) appealed the case to the High Court, the court’s ruling yesterday determined that there was no reason to change the Tribunal’s decision. The judgment stated that when looking at whether substantive fairness was established in Faiz's dismissal in this case, it cannot be considered that it was established.

The ruling noted that the decision might not be the one the employer hoped for and could be a decision that caused frustration for the employer.

However, the judgment stated that the Tribunal's decision not being what the JSC hoped for, or being a decision that caused frustration or was disliked, is not a reason to consider the Tribunal's decision as wrong.

Additionally, the ruling stated that an employer simply stating that trust and integrity have been lost does not relieve the employer of the burden of proving that a employee's misconduct existed.

The judgment noted that in this case, it had not been proven that any misconduct by the employee existed. The ruling also stated that the JSC failed to explain any grounds on which the dismissal, whether with or without notice, could be considered lawful.

Therefore, the High Court ruling stated that repeating the excuses given for Faiz's dismissal in various words or phrases is not a reason to change the legal outcome reached by the Tribunal.