DCC 88/2001
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Pay, Benefits & Tax, Contract & Conditions of Employment, Civil Evidence
Copyright
LexisNexis
Decision date
30 Dec 2001
Catchwords
Unpaid Salary – Contract of Employment – Evidence – Simulated Contract
This case involved an employee who had not been paid his salary. There was an attempt to claim the contract of employment was a simulated one. This could only be done with a written document.
Background
An employee filed a case against a company and requested the court order the company to pay him 84073 AED and the value of a flight ticket. The employee stated the company had refused to pay his salary for eleven months.
The court ruled that the company should pay the employee 51533 AED and 9% annual interest.
The employee and the company appealed the ruling before the court of appeal. The court rejected the two appeals.
Decision
The company appealed the ruling before the court of cassation and stated in its grounds of appeal that the ruling had erred in the application of law and had violated the right of defence because the court had refused to refer the case for investigation in order to prove the contract was a simulated one.