DCC 70, 93/2003

This case involved the calculation of an employee's dues on termination. Key issues included whether the statute of limitations applied to the claims and the correct means of calculation where part of the salary was commission. In addition, the case considered the amount of compensation due for unfair dismissal.

Background

On 1-6-1983 a Plaintiff was employed with the Defendant and he trained until starting work as the assistant to the first vice president

On 26-8-1998 the Defendant company terminated their work and did not pay their dues, which were estimated at 2،239،441 AED and included in $200,000 delayed salaries, $197,000 end of service gratuity, $56,544 holiday pay, $50,000 for unfair dismissal, $20,000 for pay in lieu of notice and $85,000 for working on public holidays and holidays.

The Labour Department was unable to resolve the dispute amicably and referred it to the court.

Proceedings

Court of first instance | Decision dated 8/6/1999

The court ordered the Defendant to pay the Defendant 414,400 AED and interest of 9% from the claim date on 5-11 1998 until payment and rejected the other requests

Appeal at Sharjah Court of Appeal |Decision dated 21/4/2003