DCC 5/2004
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
Litigation Procedure & Practice, General Employment & Labour Law, Termination of Employment, Pay, Benefits & Tax, Companies & Corporate Bodies
Copyright
LexisNexis
Decision date
16 May 2004
Catchwords
Litigation Procedure – Employment Case – Labour Department – Rejected Case – Dismissal – Dues – Company Closed
This case involved a claim for unpaid dues by an employee who had been dismissed when a company was closed. The court rejected the case. The employee unsuccessfully argued the case should have been referred back to the Labour Department as the case had been rejected.
Background
An employee filed a case against a company and its owner and requested the court to order them to pay 43454 AED, the value of a flight ticket and annual interest. The employee stated that he had worked for the company for eight months. The employee stated the owner had closed the company and refused to pay his dues.
The court rejected the case.
The employee appealed the ruling before the court of appeal. The court rejected the appeal and upheld the appealed ruling.
Decision
The employee appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had erred in the application of law because if a court rejects a case it should refer it to the labour department for reconsideration.