Can claim legal fees even if not in employment contract: High Court

High Court has ruled that legal fees in employment related cases can be claimed even if it is not stated in the employment contract.

Under the Civil Procedures Act, legal fees are claimed from the losing party in civil cases. However, the law does not specify this in the case of employment related cases.

In a case where a doctor was not granted a rightful promotion by the Civil Service Commission (CSC), the Employment Tribunal ruled to claim legal fees. CSC appealed the ruling at the High Court stating that neither the law nor the employment contract states that legal fees will need to be covered.

In the High Court's ruling in the case yesterday, the court said that as legal fees can be claimed in civil cases, it would not be just to not allow legal fees to be claimed in employment related cases. As the Tribunal is given the authority to make rulings in employment related cases, they can order legal fees to be paid even if it is not included in the employment contract, the High Court ruled.

The court stated that in cases where provision of legal fees are not included in the contract, the tribunal can order the fees to be paid after reviewing the case in question.

In cases involving system abuse, deliberate obstruction of justice, or unnecessary use of the Tribunal’s time, the losing party may be ordered to cover legal costs.

In the case in question, the promotion was granted after the case was already lodged at the Tribunal. Hence, the three judge bench unanimously ruled that the CSC can be ordered to cover the claimant's legal fees.

The case was heard at the High Court by Judge Hussain Mazeed, Judge Mohamed Shaneez Abdulla and Judge Fathimath Faruheeza, with Judge Mazeed presiding.