The Administrative Court rejects the psychological allowance for an employee due to a procedural error

The Administrative Court issued a final ruling rejecting a lawsuit filed by an employee of a mental health hospital in Al-Ahsa Governorate. The employee had sought to compel his employer to pay him the outstanding "psychological allowance," estimated at 30% of his basic salary. The court's decision was not based on the employee's lack of entitlement to the allowance, but rather on the inadmissibility of the lawsuit due to a fundamental procedural error committed by the plaintiff's representative during the submission of the grievance through official digital channels.

Details of the procedural error via the Masar platform

The court ruling revealed that the legal obstacle preventing the case from being heard lay in the method used to submit the mandatory prior grievance to the Ministry of Human Resources and Social Development. The employee's representative submitted the request through the "Masar" digital platform using his personal account and name, instead of the account and name of the original employee with the right to appeal. This action prevented the relevant department within the ministry from linking the grievance to the plaintiff's employment data, rendering the request administratively "unknown" and hindering the review of the case or verification of its eligibility.

Legal context and the importance of mandatory grievance

The court, in its reasoning, affirmed that the rules of procedure before the Board of Grievances in the Kingdom of Saudi Arabia require a grievance to be submitted to the administrative body before resorting to the courts. This is intended to give the government entity an opportunity to rectify its errors amicably, thus reducing the influx of cases to the courts. The judicial panel explained that submitting the grievance in the name of an agent renders the legal provision ineffective, as the administrative body is unable to genuinely investigate the employee's entitlement, thus rendering the case procedurally inadmissible. This ruling was upheld by the Administrative Court of Appeal.

Background on "psychological allowance" in the health system

The "psychiatric allowance," or allowance for employees in psychiatric hospitals, is a financial right stipulated in the Civil Service Law and health regulations in the Kingdom. It is typically paid at a rate of up to 30% to healthcare practitioners and staff who deal directly with psychiatric patients, given the potentially hazardous and stressful nature of their work. This allowance recognizes the efforts of healthcare professionals and encourages work in this vital specialty, which demands specialized skills and considerable patience.

Digital transformation and the importance of accuracy in procedures

This ruling underscores the importance of strict adherence to the digital pathways provided by the Kingdom within Vision 2030, where the "Masar" platform has become the primary gateway for government human resources services. Legal experts point out that this ruling reinforces a crucial principle: technological convenience does not justify laxity in procedural and legal requirements, and the validity of procedures is the first step towards accessing substantive rights. This necessitates that agents and lawyers exercise extreme caution when using digital platforms on behalf of their clients.