DCC 56/2004
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Civil Courts, Litigation Procedure & Practice, Contract & Conditions of Employment
Copyright
LexisNexis
Decision date
3 Oct 2004
Catchwords
Authority – Trial Court – Working relationship – Start and duration – Foreign workers – Terms and conditions – Written approval – Home state – Evidence – Litigants – Arguments and pleadings – Probationary period – Period of service
The authority of the trial court to decide on the working relationship between the parties and to identify its start and duration. The job described in the minutes submitted is a different job from that referred to in the employment contract and it is the latter job that is the subject of this case. Foreign workers shall not be considered for work without agreement to the terms and conditions set for the sponsorship transfer and without written approval from his home state. The authority of the trial court to understand the facts of the action and to assess the evidence, without an obligation to question the litigants in all aspects of their arguments and pleadings. The worker may not be employed under a probationary period for the same employer more than once, and if his employment continues then the probationary period must be included in in reckoning his period of service.
Pursuant to the perusal of the documents and the hearing of the summary report prepared and read out at the hearing by Judge: ……… and after deliberations.,