Tribunal Orders MVR 82,592 Compensation for Unlawfully Dismissed Expat Teacher

The Employment Tribunal has ruled that the Civil Service Commission unlawfully terminated an expatriate teacher’s contract without notice, finding that the dismissal failed to meet both substantive and procedural fairness requirements.

The ruling in Case No. 26/VTR/2025, issued on 10 September, concerned a teacher employed at the Dh. Atoll School on a fixed-term contract for the 2024–2025 academic year from 25 May, 2024.

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The teacher’s contract was terminated on 12 September, 2024, with the employer citing alleged failures to perform teaching duties diligently, maintain a student pass rate of at least 75 per cent per term and conduct detrimental to the interests of the school.

According to the case document published by the Tribunal, the teacher challenged the termination, arguing that the employer had not established sufficient grounds for summary dismissal and had failed to provide a fair opportunity to respond to concerns about teaching performance.

The Tribunal found that the 75 per cent pass-rate requirement could not be used as a basis for immediate termination based on early unit tests and examination results recorded around the time of the dismissal, as the overall term performance had not yet been established.

The employment regulation authority stated that under Section 23 of the Employment Act, summary dismissal without notice requires gross misconduct or a serious breach of duty that justifies ending the employment relationship immediately.

The Tribunal concluded that the employer had failed to establish such serious misconduct in the teacher’s case.

The Tribunal also found procedural shortcomings in the termination process. According to the ruling, the employer issued the teacher a seven-day notice to respond only after deciding to terminate the contract and did not conduct a proper inquiry or provide an opportunity to respond with representation before making the decision.

Although the Tribunal found the termination unlawful, it declined to order reinstatement, citing the breakdown of the working relationship and the nature of the teacher’s employment.

Instead, the Tribunal awarded MVR 82,592 in compensation based on the remaining period of the fixed-term contract, running from 12 September, 2024 to 6 June, 2025.

The case document states that the amount was calculated using a monthly salary and allowances of MVR 14,240, comprising a basic salary of MVR 8,440 and MVR 5,800 in accommodation, food allowances and adjustments.

The Civil Service Commission was ordered to pay the compensation within five days of the date specified in the Tribunal’s order.