State appeals 12-year back pay and benefits awarded to Shiyam following wrongful dismissal ruling
The state has decided to appeal a High Court ruling that ordered the payment of 12 years' worth of back pay and benefits to Chief Inspector of Police Ahmed Shiyam, following a judgment that his dismissal was unlawful. Attorney General Ahmed Usham stated that a decision regarding Shiyam’s reinstatement will be made based on the advice of the Maldives Police Service, while noting that Supreme Court precedents typically limit compensation in reinstatement cases to a maximum of six months' salary.
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The High Court of the Maldives has ruled that the dismissal of Chief Inspector of Police Ahmed Shiyam was unlawful. However, the State has decided to appeal the compensation component of the judgment at the Supreme Court.
Shiyam was dismissed from his position under the regulations governing disciplinary and administrative penalties, following violations of the code of conduct and code of ethics. His employment was terminated in May 2014.
However, the High Court has ruled that the state failed to demonstrate that the board conducted an adequate investigation into the matter. According to the High Court’s judgment, although it was claimed that Shiyam was dismissed under the regulations for disciplinary and administrative penalties for violating the Code of Conduct and Code of Ethics, no sufficient evidence was presented to support these allegations.
Consequently, the court has ordered his reinstatement and ruled that he be granted compensation for the period from his dismissal until his return to work. This compensation covers his salary and benefits for the past 12 years.
However, the Attorney General's Office has decided to appeal that specific portion of the ruling. When questioned by RaajjeMV regarding the matter, Attorney General Ahmed Usham stated that the state will appeal the order to pay 12 years' worth of back pay and benefits. He noted that the decision was made because the ruling contradicts recent precedents set by the Supreme Court.
In a recent ruling, the Supreme Court established that in cases where an individual is reinstated to their position, the maximum compensation for back pay and benefits shall not exceed six months. Furthermore, the court ruled that if the individual is not reinstated, the employer is required to provide compensation equivalent to one year's salary and benefits.
Usham further stated that a decision regarding his reinstatement would be made after consulting with the Maldives Police Service to determine their position on the matter. Although the request to decide on the reinstatement has been submitted to the police, they have yet to communicate a formal decision to the Attorney General's Office.
