DCC 109/2004, 116/2004
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Termination of Employment, Pay, Benefits & Tax, Contract & Conditions of Employment
Copyright
LexisNexis
Decision date
13 Mar 2005
Catchwords
Unfair Dismissal – Unpaid Salary – Amount of Compensation – Definite period contract of Employment
This case involved an employee who had been forced to resign because her salary had not been paid. The case considered how compensation should be calculated as the contract was for a definite period and there was more than three months to run on the contract.
Background
An employee filed a case against a company and requested the court to order the company to pay her 125333 AED and the value of a flight ticket. The employee stated she had started working with the company on 01/12/1997 and left her job on 31/02/2003 because the company had refused to pay her dues.
The court ruled that the company should pay the employee 22041 Dirhams and the annual interest of 9%.
The employee and the company appealed the ruling before the court of appeal. The court changed appealed ruling and ruled the company should pay the employee 30341.66 AED and 9% annual interest.
Decision
The company and the employee appealed the ruling before the court of cassation (Appeal No. 116/2004) and (Appeal No. 116/2004).