DCC 88/2000

This case involved a claim by an employee for unpaid salary. The court had been wrong to refuse an investigation into whether this was a simulated contract as this was a substantial defence.

Background

An employee filed a case against a company and its owner and requested the court order the company to pay her 68850 AED and the value of a flight ticket. The employee stated she had started working with the company on 23/08/1999 but the company had refused to pay her salary.

The court ruled the company should pay the employee 68400 AED and the value of a flight ticket. The court rejected the case against the owner.

The employee and the company appealed the ruling before the court of appeal. The court rejected the two appeals and upheld the appealed ruling.

Decision

The company appealed the ruling before the court of cassation and stated in its grounds of appeal that the ruling had insufficient evidence of causation and had violated the right of defence because the company had asked the court the case to carry out an investigation to prove that the contract was a simulated one but the court had rejected the request.