The High Court has ruled that legal fees can be charged to the opposing party in employment-related cases if it is proven that they engaged in systemic abuse, obstructed justice, or wasted the Employment Tribunal’s time.

The decision came after the Civil Service Commission (CSC) challenged a legal fee of MVR 35,000 in a dispute involving the employment rank of a Maldivian doctor working as a Consultant in General Surgery at Indira Gandhi Memorial Hospital (IGMH). Although the employment matter was resolved after the case was filed, the fee for legal services remained in dispute.

The CSC appealed the charge, but a three-judge bench of the High Court upheld it. The Court said that while each party normally bears their own legal fees in employment cases, such fees can be recovered if one party misuses the system or causes unnecessary delays.

In making its judgment, the High Court also referred to international practices in countries such as England, Malaysia, Singapore, India, and the US, where similar provisions exist.

Under the new precedent, legal costs may be imposed on a party in employment disputes where they are found to have misused the system or wasted the tribunal’s time.