DCC 158/2003
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Contract & Conditions of Employment, Civil Evidence, Pay, Benefits & Tax
Copyright
LexisNexis
Decision date
11 Jan 2004
Catchwords
Contract of Employment – Simulated Contract – Evidence – Investigation – Unpaid Salary – Indefinite Contract
This case involved an employee on an indefinite contract who had not been paid their wages. The company tried to argue the court had been wrong to refuse their request for an investigation as they claimed the contract was a simulated one. The company had no right to prove that the contract was a simulated one as a written contract already existed.
Background
An employee filed a case against a company and requested the court to order the company to pay him 383699 AED and return his passport. The employee stated he had started working with the company on an indefinite-period contract on 16/12/1999. The employee stated the company had refused to pay his salary.
The court ruled that the company should pay the employee 106026 AED and 9% annual interest.
The company and the employee appealed the ruling before the court of appeal. The court changed the appealed ruling and ruled the company should pay the employee 139366 AED and upheld the appealed ruling on other points.
Decision