Tribunal orders IAS DMD dismissal illegal, compensation
The tribunal also directed IAS to fulfil these requirements and notify the tribunal of compliance within three days of the decision.
Employment Tribunal has determined that Aishath Jennifer, former Deputy Managing Director (DMD) of Island Aviation Services (IAS), was dismissed illegally, with the tribunal ordering IAS to compensate for financial losses due to her unlawful termination.
The ruling underscores a breach of the Employment Act, with the tribunal instructing IAS to reinstate Jennifer and make amends for damages resulting from her dismissal.
Jennifer was appointed as the DMD of IAS on December 28, 2018, under the previous government. In January, soon after the government change, she was dismissed from her role. Her dismissal was confirmed in an IAS board meeting held on December 28, 2023.
Shortly after, in March, Jennifer filed a complaint with the Employment Tribunal, arguing that her termination was unlawful and seeking due compensation.
In her motion to the tribunal, Jennifer highlighted several grievances:
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She requested that the board's decision from December 28, 2023, which finalised her dismissal, be invalidated.
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She claimed that the order to dismiss her and the corresponding summons were legally unsound, and therefore she should not be considered dismissed.
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She demanded immediate reinstatement as IAS DMD within seven days of the tribunal’s decision.
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She sought compensation of three months' salary for the period she was unable to work following her dismissal.
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She asked IAS to cover the legal expenses associated with the tribunal case and requested these be compensated within seven days.
At the time of her employment as DMD, Jennifer’s monthly salary was MVR 34,304, with an additional MVR 21,867 provided as other allowances, totalling MVR 56,171 monthly.
Jennifer argued that her dismissal was baseless under the Employment Act. She noted that IAS had proposed a voluntary retirement option, which she declined, leading the board to approve her dismissal.
IAS defended its decision, explaining that the DMD position was not initially part of the company’s job structure prior to 2018 and was created specifically when Jennifer was appointed to the role. However, the tribunal found these arguments insufficient, ruling that IAS had acted outside of the Employment Act in dismissing her.
On October 13, the Employment Tribunal delivered its verdict in Jennifer's favour, ordering IAS to:
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1-
Reinstate Jennifer as DMD.
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Provide back pay for her salary and allowances from the date of dismissal until her reinstatement.
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3-
Compensate Jennifer with MVR 56,717, equivalent to one month’s salary, for additional damages.
The tribunal also directed IAS to fulfil these requirements and notify the tribunal of compliance within three days of the decision.
