DCC 25/2004
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Civil Evidence, Civil Courts, Pay, Benefits & Tax, Termination of Employment, Litigation Procedure & Practice
Copyright
LexisNexis
Decision date
5 Jun 2004
Catchwords
Evidence – Investigation – Court – Witnesses – Unpaid Salary – Unfair Dismissal – Litigation Procedure
This case involved an employee who had been dismissed after he had asked for the payment of unpaid salary. The employee argued he should have been able to present the court with a witness as the company had been able to do this. This was invalid because if the court refers a case to investigation and invites the two parties, it has the right to hear from one party if the other misses the investigation without good reason.
Background
An employee filed a case against a company and requested the court order the company to pay him 71529 AED and annual interest. The employee stated he had started working with the company on 11/11/2002 and was dismissed on 28/02/2002 after asking for unpaid salary.
The court ruled that the company should pay the employee 39975 AED and 9% annual interest.
The employee and the company appealed the ruling before the court of appeal. The court changed the appealed ruling and ruled the company should pay the employee 9974 AED and 9% annual interest.
Decision