DCC 10/2004, 24/2004
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
Termination of Employment, Pay, Benefits & Tax
Copyright
LexisNexis
Decision date
20 Jun 2004
Catchwords
Two Employers – Unfair Dismissal – Criminal Case – Innocent – Mismanagement – Pay in lieu of Notice – Compensation – Clearance Agreement
This case involved a claim by an employee who had been pressured to sign a clearance agreement when two companies which had employed him filed a criminal case against him. The company tried unsuccessfully to argue the dismissal had still be fair and had been because of the employee's mismanagement. The employee successfully argued the way pay in lieu of notice and compensation was calculated was incorrect.
Background
An employee filed a case against two companies and requested the court order them to pay him 848447 AED and annual interest plus provide a certificate of experience. The employee stated he had started working on 01/04/1993 with the first company which had appointed him to work in a number of other companies (the second company was the latest one). The employee stated he was dismissed on 14/06/1997. The employee stated the two companies had filed a criminal case against him and pressured him to sign a clearance agreement. The employee stated the court had found him innocent but the company had refused to pay his dues.