DOHA: The Qatar International Court has passed judgment in the case of Khaled Hassan Bahr Ahmed vs Doha Bank Assurance Company LLC (DBAC), awarding the claimant damages for breach of contract totalling QR15,700.
The claimant, Khaled Ahmed, was an employee of the defendant, DBAC and claimed damages for the wrongful termination of his employment.
The court found that Khaled Ahmed was entitled to contractual damages, as a letter terminating his employment did not give him the length of notice to which he was contractually entitled.
The claimant was also awarded further damages for worry and anxiety due to payment in lieu of notice (which DBAC asserted he would receive) never being made. The judges sitting in the case, Lord Scott of Foscote, Dr Hassan Al Sayed and Chelva Rajah SC made some additional comments on the case that have wider relevance to QFC firms.
“The court is firmly of the opinion that the practice of shortening the contractual notice to which an employee is entitled without first agreeing with the employee to accept a payment in lieu of notice, is an unacceptable practice which is bound from time to time to lead the employer into legal difficulties.”
In addition, “if an employee agrees to accept payment in lieu of his or her contractual notice, the agreement is worthless if the payment is never made.” The Peninsula
