DCC 34/2007
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Pay, Benefits & Tax, Civil Evidence, General Employment & Labour Law
Copyright
LexisNexis
Decision date
28 Apr 2008
Catchwords
Evidence – Expert – Substantial Defence – Court Authority – Unpaid Dues – Employee Transfer – Salary
This case involved an employee who had agreed to work with a company but then been transferred to another company with the same owner and dismissed. A key question was whether the employee should have been paid salary for a specific period in October. This had been recommended in the expert report but the lower court had ignored it. It was stated in doing so the court had ignored a substantial defence which was incorrect.
Background
An employee filed a case against a company, its owner and another company and requested the court order them to pay him 14.428.95 AED. The employee stated he had agreed with the company's owner to work in the second company and was then transferred to the first company. The employee stated he was dismissed from his job on 19/10/2005 and the company refused to pay his dues.
The company owner requested the court to order the employee to pay 92637 AED.
The court ruled the first company should pay the employee 58045 AED and rejected the owner's request.