Employment Tribunal Rejects FENAKA's Jurisdiction Challenge in Reinstatement Case

The Employment Tribunal has quashed the reply submission filed by FENAKA Corporation and ordered the company to take substantive responsibility in a case concerning the failure to reinstate an employee after suspension for contesting a local council election. The case involves Ahmed Shafeeq (Sappey), who held the position of Deputy Manager at FENAKA's GA. Dhevvadhoo branch. He was temporarily suspended from his job in connection with contesting for the presidency of the Dhevvadhoo Council on the opposition MDP ticket in the local council election, and his job was not reinstated upon the conclusion of the election. Sappey contested against PNC candidate Abdullah Shafiu and was unsuccessful, after which he submitted a letter requesting reinstatement to the job, but FENAKA did not give any reply. Sappey therefore lodged a case with the Tribunal seeking reinstatement to the job and payment of the salary and benefits he had not received. In the case, FENAKA filed a reply submission stating that the Tribunal does not have jurisdiction to hear the case because the three-month period under the employment law for filing cases of dismissal from employment had expired. However, the Employment Tribunal determined that this was not a case of dismissal from employment, but rather a violation arising from the failure to reinstate him to the job even after the reason for the temporary suspension had ceased. It determined that such cases proceed under the six-month period specified in the Tribunal's regulations, and that this case had been filed within that period. Accordingly, rejecting FENAKA's request to dismiss the case, the Tribunal has ordered that FENAKA take substantive responsibility in the case.