DCC 26/2007, 29/2007
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Termination of Employment, Pay, Benefits & Tax, Civil Evidence
Copyright
LexisNexis
Decision date
17 Dec 2007
Catchwords
Unfair Dismissal – Dues – Pay In Lieu of Notice – Length of Service – Holiday Pay – Profit Share – Expert – Evidence – Invitation to the expert employee
This case involved a claim for dues including pay in lieu of notice, holiday pay, a profit share and compensation by an employee who had been unfairly dismissed. The company tries to argue pay in lieu of notice, holiday pay and compensation was not possible because of the employee's length of service. The court stated it was as the employee had been employed for seven months. The employee tried to argue the expert report was incorrect as he had not been invited to the expert session. This was incorrect as both parties had been given notice of it.
Background
An employee filed a case against a company and requested the court to order the company to pay him 227.151 AED and 15% of the profits plus annual interest. The employee stated he had started working with the company on 15/05/2005 and was unfairly dismissed on 04/01/2006. The employee stated the company had refused to pay his dues.
The court requested the employee to swear before the court. The court ruled that the company should pay the employee 68723 AED, annual interest of 9% and the value of a flight ticket.