DCC 135/2004
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Civil Courts, Litigation Procedure & Practice, Contract & Conditions of Employment
Copyright
LexisNexis
Decision date
26 Dec 2004
Catchwords
Authority – Trial Court – Interpret – Document – Elicit the facts – Judgment – Corrupted – Defect in reasoning – Labor Law – Servants in private houses – Equivalent – No personal or family link – Driver – Employed – Institution – Representative – Exempted of legal fees – Litigation
The authority of the Trial Court to interpret the words of the document, which is the subject of this case, and to elicit the facts. The judgment grounds are deemed corrupted since they involved a defect in reasoning. The Labour Law shall not be applied to servants in private houses and their equivalents except when the worker is not considered a private house servant and there is no personal or family link. The car driver employed by the institution, who is not driving for its representative or his family, is deemed one of the workers who, subject to the provisions of Labour Law, are exempted of legal fees at all stages of litigation.
Having reviewed the case documents, read out the summary report prepared by the Honorable “………” Judge, heard the pleading, and after the legal deliberation;
Whereas the cassation has fulfilled the requirements prescribed by law in terms of form;