DCC 155/2004
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Contract & Conditions of Employment, Civil Evidence
Copyright
LexisNexis
Decision date
2 Jan 2005
Catchwords
Evidence – Witnesses – Contract of Employment – Simulated Contract – Investigation
This case involved a claim for dismissal. The court ordered an investigation as it was claimed the contract of employment was a simulated one. The employee did not bring witnesses but claimed the company's witnesses were unreliable as they were scared of losing their jobs. The court stated this argument was invalid because the witnesses had confirmed that the employee had never worked with the company.
Background
An employee filed a case against a company and requested the court order the company to pay her 22500 AED and the value of a flight ticket. The employee stated she had worked with the company for four months and then she was dismissed. The employee stated the company had refused to pay her dues.
The court referred the case for investigation but the employee failed to bring her witnesses.
The court rejected the case.
The employee appealed the ruling before the court of appeal. The court referred the case again to investigation to prove that the contract was a simulated one.
The court upheld the appealed ruling.
Decision