DCC 149/2003
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Termination of Employment, Pay, Benefits & Tax
Copyright
LexisNexis
Decision date
11 Jan 2004
Catchwords
Unpaid Salary – Unfair Dismissal – Resignation – Pay in lieu of Notice – Holiday Pay
This case involved an employee who claimed compensation including pay in lieu of notice and holiday because of unfair dismissal. It was stated by the employer she should not receive these amounts as she had willingly resigned. The court ruled as she had been forced to resign because her full salary had not been paid it was automatically unfair dismissal and these amounts were payable.
Background
An employee filed a case against a company and requested the court order the company to pay her 25550 AED and annual interest. The employee stated she had started working with the company on 15/03/2001 but the company had refused to pay her dues.
The company requested the court order the employee to swear before the judge. The employee swore before the judge. The court ruled that the company should pay the employee 16550 AED and 9% annual interest.
The company and the employee appealed the ruling before the court of appeal. The court upheld the appealed ruling.
Decision