DCC 161/2004

This case involved an employee who had resigned but had not received her dues. The company unsuccessfully argued that as the employee had continued to work after the notice period she had effectively withdrawn her resignation.

Background

An employee filed a case against a company and its owner and requested the court to order the company to pay her 420018 AED and annual interest. The employee stated that she had started working with the company on 01/07/1988 and resigned on 14/05/2002. The employee stated that the company had refused to pay her dues.

The court ruled that the owner should pay the employee 360982 AED and 9% annual interest.

The company and the owner appealed the ruling and before the court of appeal. The court changed the appealed ruling and ruled the employee should be paid 312297 AED.

Decision

The company and the owner appealed the ruling before the court of cassation and stated in their grounds of appeal that the ruling had insufficient evidence of causation because the employee had continued working for twelve days after the end of notice period which meant that she had changed her decision to resign.