ADCC 22/2009
Type
Case
Court
Abu Dhabi Court of Cassation
Jurisdiction
Abu Dhabi
Taxonomy
Judiciary, Civil Evidence, General Employment & Labour Law, Pay, Benefits & Tax, General Contract Law, Enforcement of Judgments
Copyright
LexisNexis
Decision date
22 Feb 2009
Catchwords
Trial court – Action – Evidence – Documents – Preponderance – Salary – Employment agreement – Mutual consent – Consensual contracts – Contested judgment – Dismissal notice – End of service
The trial court has the authority to understand the fact of action and assess the evidence and documents and give preponderance to any of them. Salary recorded in the employment agreement may be amended with mutual consent without stipulating that it should be written as it is one of the consensual contracts. The rule of the contested judgment that there is a consensual amendment on the monthly salary stated in the employment agreement based on a dismissal notice of a pension of the same value is considered reasonable and proven in the documents. The rule of the contested judgment to deny the appellant's documents calling for paying the respondent's part of his end of service gratuity based on that it is payable at the end of service and not before it is not considered violation to the law.