UAE 69/28

This case involved the termination of an employee's employment and their dues. The key point was that the court was wrong to refuse an investigation of substantive defence on the employee's payment of recruitment expenses including work permit fees.

Background:

A Plaintiff (Appellant) filed suit No 271 of 2005 against the Defendant requesting a judgment to oblige them to pay three month's wages in lieu of holiday pay and compensation for his arbitrary dismissal and 4.200 AED in fees for his residency and its renewal, and air travel tickets.

Proceedings:

Al Ain Court of First Instance - Decision No 271 of 2005

The Court of first instance referred the matter to investigation and after hearing the witness of the Appellant, ruled obliging the Respondent to pay him the amount of 4523 Dirham and the value of the air tickets to return home.

Al Ain Court of Appeal - Appeal No 793 of 2005

The Appellant filed an appeal and the court ruled amending the amount adjudicated, to 7453 AED and upheld the rest of the judgment.

The Appellant made an appeal before the Federal Supreme Court.

The Respondent pleaded the rejection of the lawsuit in form.