Tribunal orders MVR 82,529 compensation for expat teacher dismissed unlawfully

The Employment Tribunal has ruled that the dismissal of an Indian national employed as a ‘B-Tech Hospitality’ and ‘Travel and Tourism’ teacher at Dhaalu Atoll School was unlawful, ordering the Civil Service Commission (CSC) to pay MVR 82,529 in compensation.

The case, heard by Tribunal Member Ishara Abdul Azeez, concerned an Indian teacher who began employment on May 28, 2024, and was dismissed on September 12 of the same year without sufficient grounds. Following the termination, the teacher lodged a case against the CSC.

In its defense, the CSC argued that the teacher had been dismissed without notice in accordance with the terms of the employment contract, citing a failure to achieve a 75 percent student pass rate and generally inadequate teaching performance.

The teacher, however, maintained that no guidance or opportunity to improve had been provided. Evidence submitted to the Tribunal further indicated that the actual student pass rate was 81.82 percent.

The Tribunal noted that although the termination letter was issued on September 10, the first-term examinations were held two days later, on September 12, 2024. The Tribunal therefore determined that assessing the teacher’s performance as inadequate solely on the basis of unit tests, before the official examination results had been obtained, was unjust.

It was also disclosed that "Lesson Observation Reports" prepared by the school had not been shared with the teacher, who was not given a reasonable opportunity to respond to or address the concerns identified in those reports. The Tribunal consequently found that the assessment of the teacher’s conduct and performance had not met the requirements of procedural fairness.

The Tribunal further highlighted that, under Section 23 of the Employment Act, an employee may only be dismissed without notice in cases involving serious misconduct or dishonesty. The Tribunal found that no such incident had occurred in this case and that no administrative investigation had been conducted before the termination.

Ultimately, the Employment Tribunal ruled that the CSC’s dismissal of the teacher contravened the Employment Act, determining that it constituted an "unfair dismissal" due to the absence of both substantive and procedural fairness. The CSC was consequently ordered to pay the teacher MVR 82,529 in compensation.

The Maldives employs a considerable number of expatriate educators, with a significant proportion of the country’s teaching workforce comprising nationals from India.