DCC 9/2005
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Civil Evidence, Termination of Employment, Rights & Duties of Employees & Employers, General Personal Injury
Copyright
LexisNexis
Decision date
19 Jun 2005
Catchwords
Evidence – Unfair Dismissal – Burden of Proof – Workplace injury – Oath – Witnesses – Personal Injury
This case involved a claim for compensation for unfair dismissal by an employee who stated he had been dismissed as a result of a workplace injury, while his employers argued he had been fairly dismissed for insulting his line manager. The key issue in this case was required evidence and which party had the burden of proof. The employer had provided a serious reason for the dismissal and it was the employee's responsibility to provide evidence that this was not the case.
Background
An employee filed a case against a company and requested the court order them to pay him 19440 AED and annual interest. The employee stated he had started working with the company on 07/11/2002 and he was dismissed on 12/03/2004 after he was injured at work. The employee stated the company had refused to pay his dues.
The employee requested the court to order the company to swear before the judge as he could not bring witnesses.
The court ruled that the company should pay the employee 1430 AED, annual interest of 5% and the value of a flight ticket.