Report of the Bahrain Independent Commission of Inquiry

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Report of the Bahrain Independent Commission of Inquiry was notified of his suspension by the MMAUP and later dismissed after review of the investigation by the CSB. The notice issued to the witness from the CSB stated that it was recommending dismissal due to “misconduct inside or outside the workplace: organising, calling for or inciting unlicensed protests”. 1385. The Commission obtained information from the CSB indicating that 99 employees had been dismissed from the MMAUP. 692 The Commission received copies of dismissal letters for 45 of these employees, which indicated they had been dismissed for organising assemblies or workers’ strikes or for “misconduct inside or outside of work”. b) Private Sector Employees 1386. The most common grounds for the dismissal or suspension alleged by private sector employees were: (i) absence from work; and (ii) participation in demonstrations. 1387. The most common questions asked of employees subjected to pretermination investigations were related to the employees’ reason for their absence. Employees on annual leave reported having been asked why they chose the period of February/March for their leave. Employees were also asked about their participation in demonstrations and/or workers’ strikes, whether they had participated in demonstrations at the GCC Roundabout and their loyalty to the regime. 1388. Approximately 10 private sector employees reported that they were presented with photographs associating them with the demonstrations. 693 At least 37 employees 694 were threatened that their case would be referred for public prosecution. The Commission also received reports of companies notifying employees of their dismissal by SMS message, 695 verbal notice 696 or telephone. 697 Some employees learned of their dismissal when they appeared for work and were not allowed onto the premises. 698 Employees also reported having been told that if they did not tender their resignation, they would be referred to investigation and subsequently dismissed. 699 692 Civil Service Bureau, Report to the Commission [on file with the Commission]. 693 These allegations involved the following companies: Gulf Air; BAPCO; and ASRY. 694 These allegations involved the following companies: ASRY; ALBA; and Gulf Air. 695 These allegations involved the following companies: Batelco; Elia House; and Gulf Air. 696 These allegations involved the following companies: Gulf Air; Asry; Al Mahd Safety and Security; ALBA; The Indian School; Bahrain Fibre Glass; Al Reyah Car Company; and Ulter Tion Bahrain. 697 These allegations involved the following companies: ALBA; BahrainLimo; Banagas; Gulf Air; Bapco; Batelco; Al Bilad Newspaper; and Al Dhaen. 698 These allegations involved the following companies: IBM Terminals; and ALBA. 699 These allegations involved the following companies: Gulf Air; Asry; ALBA; Al Ahad Newspaper; and Bahrain Association for Weight Lifting. 340
Chapter VII — Other Human Rights Issues (1) The Ministry of Labour and private sector employees 1389. The Commission met with the MoL on two occasions to discuss the dismissals and suspensions of employees in the private sector. During the Commission’s first meeting with the MoL on 17 August 2011, the MoL maintained that the dismissals of employees in the private sector were lawful, and that any unlawful dismissals had already been corrected by reinstating the aggrieved employee. The MoL further stated that it had ensured that each case of dismissal was reviewed by a lawyer. At the same time, however, the MoL conveyed its belief that the employees participating in the demonstrations were attempting to destroy the country’s economy. It further stated that the dismissals of employees that were conducted unlawfully were done in the interest of security. The MoL identified its role in the matter as a mediator between the employers and dismissed employees, and stated that it would consider suggestions put forth by the Commission to establish review boards and compensation funds for aggrieved employees. 1390. According to a follow up report submitted by the MoL, a total of 2,464 private sector employees were dismissed in relation to the events of February/March 2011. 700 The distribution of dismissed employees was as follows: ALBA (514); BAPCO (312); APM (254); Gulf Air (219); Batelco (172); BAS (87); Banagas (68); ASRY (64); Garmco (29); and other companies (743). 1391. Of those dismissed employees, 820 were reinstated after the MoL was informed of the dismissal, 176 were hired elsewhere, retired or received financial compensation from the employer, 88 were offered compensation, 290 did not file complaints with the MoL, 223 were determined to have been dismissed for reasons unrelated to the events of February/March 2011, 51 declined to return to work, 28 were rehired by others after a certificate of good conduct was issued, and seven were employed by businesses no longer in operation. The MoL reported that 686 employees were still deemed illegally dismissed but not yet reinstated, and the employers of 93 illegally dismissed employees refused to reinstate them (36 employees of Gulf Air and 57 employees of other businesses). 1392. The MoL also alleged that the workers’ strikes organised by the GFBTU were unlawful because they called for political demands and were unrelated to labour issues. The MoL further alleged that the workers’ strikes were unlawful because they involved employees of “vital industries” who are prevented from participating in any strikes under Bahraini law. The MoL noted that “vital industries” are determined by the President of the Council of Ministries. 700 Ministry of Labour, Report to the Commission, 30 October 2011. 341
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Report of the Bahrain Independent Commission of Inquiry

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