DCC 175/1998
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Termination of Employment
Copyright
LexisNexis
Decision date
27 Dec 1998
Catchwords
Partnership – Employment – Termination – Evidence – Subordinate Relationship
This case involved compensation as a result of termination of employment. The key issue was whether the individual was actually a partner or an employee. Although his resignation letter suggested he was a partner, a subordinate relationship existed which made him an employee.
Background
A claim was brought against two defendants ordering them to pay 56,000 AED in damages for loss of a claimant's employment, and that he be transferred to another employer. The claimant stated it had worked for the second defendant as an engineer on a salary of 7,000 AED. The second defendant then forced him to resign and withheld his salary. The Court of First Instance rejected the claim and the appeal court upheld the judgement. The claimant appealed by cassation arguing that the court had wrongly viewed the relationship between them and the second defendant as a partnership rather than an employment relationship.
Decision