The three former lecturers of the College of Language and Culture Studies in Trongsa, who are being prosecuted for alleged sexual molestation of the students, are claiming their six months salary. They allege that they were terminated from the college without following the due process of law.
During the Rebuttal Hearing held on Monday, the three defendants submitted statements to court alleging that the college authorities issued them compulsory retirement order in May last year without even giving them an opportunity to clarify.
They claim that the college authorities did not follow the chapter 15, sub-head 8.2 of the Royal University of Bhutan Human Resource Rules and Regulations 2017 when the order was issued. The section states that “the Disciplinary Committee, when convinced that a prima facie case exists, shall notify the respondent staff in writing of the administrative charge(s) and require the staff to answer the charge within 30 days from receipt of the said notification.”
Therefore, they are seeking a maximum of six months salary in accordance with the Labour and Employment Act 2007 if the proceedings have been initiated in a Court of Law under section 204 and 205 for wrongful dismissal. The subsection states that “the Court may order the employer to pay compensation to the worker in a sum equal to one month’s pay for that worker for each year of continuous employment with that employer up to a maximum of six months pay.”
Meanwhile, the seven former staff of the college who were acquitted had filed a case against the college and the Royal University of Bhutan recently to reinstate and for compensation. And on the same day on Monday, the court gave the parties the option to settle the case out of the court with the help of Court-Annexed Mediation established recently in the country free of cost.
Passang