DCC 36/2003
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Judiciary, General Employment & Labour Law, Civil Evidence, General Media & Communications, Construction & Engineering, General Construction Law, Supply of Services
Copyright
LexisNexis
Decision date
25 May 2003
Catchwords
Respondent – Application – Competent – Labour Department – Labour action – Measures – Dispute – Dismissal of action – Evaluate evidence – Jurisdiction – Employee’s action – Drawings – Architectural designs – Act of commerce
The respondent shall have to submit an application to the competent labour department prior to the filing of labour action to take measures necessary to settle the dispute under the dismissal of action. The trial court shall have the jurisdiction to evaluate evidence of the action and conclude the fact. The trial court shall have the jurisdiction to evaluate the dismissal of the employee's action, as it has not proven that the labour department is familiar with the complaint, on the ground that there is no evidence on the delivery of the fax message sent by the employee to the labour department, without the control of the Court of Cassation. Executing drawings and architectural designs to erect a hotel, in consideration of a fee, is not an act of commerce.
Pursuant to the perusal of the documents and the hearing of the summary report read out at the hearing by H.E Judge: ……………………… and after deliberations.
Whereas the cassation fulfilled all formal conditions.