DCC 14/2002
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Civil Evidence, General Employment & Labour Law, Pay, Benefits & Tax
Copyright
LexisNexis
Decision date
6 Apr 2002
Catchwords
Evidence – Fabricated Document – Use of Criminal Lab – Employee – Unpaid Dues – Profit Share – Switch from Employee to Co-investor
The original dispute involved an employee who had agreed with the owner of the business he worked for to become a partner in a new business and receive a profit share in return for not being paid his salary. The new business had been closed and the employee had claim his dues. A key issue was whether a document the company presented proving the employee had been paid was fabricated or not and if it was required to be referred to a special laboratory in order for that to be proven.
Background
An employee filed a case against a company and its owner and requested the court order the company to pay him 79550 AED. The employee stated he had started working with the company on 29/05/1999. The employee stated he had then agreed with the company owner to invest in a shop in exchange for the value of his salary and a profit share. The employee stated the company owner then closed the shop and prevented him from working.
The court ruled the company owner should pay the employee 27715 AED.