DCC 95/2000
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Termination of Employment, Pay, Benefits & Tax, Civil Evidence
Copyright
LexisNexis
Decision date
11 Feb 2001
Catchwords
Unfair Dismissal – Unpaid Salary – Resignation – Evidence
This case involved a claim by an employee who stated they had been pressured to leave their job for their dues. The employer tried to argue there should be an investigation to prove they had resigned. The court stated if an employee resigns because they have not been paid their salary it is automatically classed as unfair dismissal.
Background
An employee filed a case against a restaurant and its owner and requested the court order them to pay him 33699 AED and annual interest. The employee stated he had started working on 06/06/1999 and was pressured to leave the job on 01/04/2000. The employee stated that he had not received his dues.
The court ruled the restaurant's owner should pay the employee 24929 AED and the value of a flight ticket plus 9% annual interest.
The restaurant and the owner appealed the ruling before the court of appeal. The court changed the ruling and ruled that the owner should pay the employee 24917 Dirhams.
Decision