DCC 21/2003, 22/2003
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Termination of Employment, Work Permits, Nationality & Citizenship, Civil Evidence, Pay, Benefits & Tax, Health Professions
Copyright
LexisNexis
Decision date
27 Apr 2003
Catchwords
Trainee – Unfair Dismissal – Work Permit – Non-National – Evidence – Unpaid Dues – Medical Profession
This case involved a claim by an employee who had been unfairly dismissed without the payment of her dues. The hospital where she worked tried to claim she was a medical student not an employee. Using a non-citizen employee without following the legal procedures did not refute that a working relationship existed between the two parties. The case confirmed the type of evidence which could be used to prove the working relationship.
Background
An employee filed a case against a hospital and requested the court to order the hospital to pay her 344200 Dirhams and annual interest. The employee stated she started working with the hospital on 01/03/1996 and was unfairly dismissed on 15/09/2001. The employee stated the hospital had refused to pay her dues.
The court ruled the hospital should pay the employee 240792 AED and 9% annual interest.
The hospital and the employee appealed the ruling before the court of appeal. The court changed the appealed ruling and ruled the hospital should pay the employee 16667 AED and 9% annual interest.
Decision
The hospital and the employee appealed the ruling before the court of cassation (Appeal No. 21/2003) and (Appeal No. 22/2003).