DCC 70/2000
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Termination of Employment, Civil Evidence, Jurisdiction & Choice of Law, Remedies, Litigation Procedure & Practice
Copyright
LexisNexis
Decision date
9 Dec 2000
Catchwords
Termination of Employment – Dismissal without Notice – Jurisdiction – Evidence – Insulting Employer – Grievance – Court – Compensation – Litigation Procedure
This case involved a claim for dues by an employee who had been dismissed without notice. At the court of cassation the employer argued they should not have to pay compensation because the employee had insulted their employer. This argument was rejected as it should have been put before the lower courts.
Background
An employee filed a case against a company and requested he be paid 108098 AED. The employee stated he had started working on 01/03/1997 and was dismissed from his job on 30/11/1998 without notice. The employee made a complaint before the labour department but the department did not refer the case to the court.
The company stated the courts in Dubai had no mandate to consider the case.
The court rejected the company's argument and appointed an expert to evaluate the case.
The company appealed the ruling before the court of appeal. The court rejected the appeal and referred the case to the elementary court for consideration.
The court ruled that the company should pay the employee 67576 AED.