DCC 177/2004

This case involved a claim for compensation for unfair dismissal. The key issue was whether the compensation had been correctly calculated. The court had the authority to decide how it should be calculated.

Background

An employee filed a case against a company and requested the court to order the company to pay her 76,480 AED and annual interest. The employee stated she had started working with the company on 11/10/2001 and was unfairly dismissed on 11/05/2003. The employee stated that the company had refused to pay her dues.

The court ruled that the company should pay the employee 26,988 AED and 9% annual interest plus the value of a flight ticket.

The company appealed the ruling before the court of appeal. The court changed the appealed ruling and ruled that the company should pay the employee 14538 AED and upheld the appealed ruling.

Decision

The employee appealed the ruling before the court of cassation and stated in her grounds of appeal that the ruling had erred in the application of law because the court had calculated the compensation for the dismissal based on one month's salary when it should have been calculated based on three months.