DCC 92/2004
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Pay, Benefits & Tax, Contract & Conditions of Employment, Litigation Procedure & Practice
Copyright
LexisNexis
Decision date
19 Dec 2004
Catchwords
Unpaid Salary – Employee – Three year contract of employment – Notification of Case – Litigation Procedure – Unacceptable Defence
This case involved a claim by an employee for unpaid salary. The company tried to argue it had not been legally notified of the case. The court stated this argument was invalid because the defence provided by the company was not related to general order and was not accepted as being able to be discussed before the court of cassation.
Background
An employee filed a case against a company and requested the court order the company to pay him 92260 AED and annual interest. The employee stated he had started working with a company on 25/05/1997 on a three-year contract but the company had refused to pay his salary since August 1999.
The court ruled the company should pay the employee 14171 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 42532 AED.
Decision