DCC 76/2000, 82/2000
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
Termination of Employment, Pay, Benefits & Tax, Litigation Procedure & Practice, Contract & Conditions of Employment, Rights & Duties of Employees & Employers
Copyright
LexisNexis
Decision date
10 Dec 2000
Catchwords
Termination of Employment – Work for a Competitor – Unpaid Dues – Litigation Procedure – Labour Department – Contract of Employment – Basic Salary
An employer made a complaint to the Labour Department requesting compensation as an employee had left their job and gone to work for a competitor. The employee made a counter claim that they had not been paid their dues. The employee tried to argue the amount he had been awarded was incorrect and did not match his salary. The court confirmed it used basic salary as stated in the contract of employment for this purpose. The employer tried to argue the employee had not followed litigation procedures as they had not made a complaint to the labour department. This was not required as the employee had stated their claim in the response to the initial complaint to the labour department made by the employer.
Background
An employer filed a case against an employee and requested the court order the employee to pay him 7000 AED. The employer stated the employee had left the position and was working for a competitor.
The employee requested the court to order the employer to pay 41533.31 AED and annual interest.
The court rejected the employer's case.
The court ruled that the employer should pay the employee 35400 AED and 9% annual interest