DCC 76/2005
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
Rights & Duties of Employees & Employers, Pay, Benefits & Tax, Disciplinary & Grievance Procedures, Investigation, Termination of Employment
Copyright
LexisNexis
Decision date
31 Jan 2006
Catchwords
Employee's Rights – Salary – End of Service Gratuity – Unfair Dismissal – Disciplinary – Evidence – Investigation – Termination of Employment – Wages
This case involved an employee's dues on termination. They had not been unfairly dismissed even though there had not been a documented investigation as they had been given warnings of performance issues. The court also looked at how wages and the end of service gratuity would be defined.
Background
The Plaintiff, the Appellant, was an employee of the Defendant who had been, according to them unlawfully dismissed. Accordingly, the Plaintiff proceeded to file proceedings against its former employer, the Defendant, under roll (342/2004) before the Dubai Court of First Instance.
The Plaintiff alleged they had previously worked for the employer for a monthly salary of 3000 AED, a private bonus of 500 AED, and a further 100 AED for transportation and communications.
The Plaintiff alleged that its total final allowance was 4100 AED in addition to the provision of accommodation and they were working under an unlimited contract.