DCC 11/2003
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Judiciary, Civil Courts, General Employment & Labour Law, Pay, Benefits & Tax, Employment Status, Terms, Documentation & Directors, Contract & Conditions of Employment
Copyright
LexisNexis
Decision date
26 Apr 2003
Catchwords
Trial court – Evaluate – Justification – Employee – Court of Cassation – Employee – Abusive – Employer – Lack of seriousness – Economic circumstances – Contested judgments – Compensation – Evidence – Economic crisis – Paid annual leave – Wage
The trial court shall have the jurisdiction to evaluate the justification to dismiss the employee without the control of the Court of Cassation. The employee shall not have to prove the abusive by employer in cases where the trial court evaluates the lack of seriousness of the justification. The employer shall have to prove that the dismissal was due to economic circumstances. The ruling of the contested judgments lack of legal justification to terminate the employment of the respondent and the entitlement to receive the compensation, based on the lack of evidence on the economic crisis as justification, has not erred in the application of law. The employer shall have to prove that the employee benefited the paid annual leave. Submission of the leave application and approval by the employer shall not be deemed as evidence that the employee received the wage for this leave.
Pursuant to the reading of the documents, and the hearing of the report prepared and perusal by the judge (…..) and the pleading and after deliberation.
Whereas the cassation has fulfilled all formal conditions,