DCC 38/45/2008/1
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Termination of Employment, Litigation Procedure & Practice, Civil Evidence
Copyright
LexisNexis
Decision date
5 Oct 2008
Catchwords
Court Fees – Litigation Procedure – Employment Dispute – Court – Agreement – Evidence – Expert – Termination of Employment – Resignation
The original dispute involved an employee's claim for unpaid dues following their resignation. A key point was that even though this was a labour case the court could order the employee to pay court fees if the case was rejected. The employer had also tried to argue the dispute had been settled by a previous agreement by the parties. This was rejected as the case documents provided no evidence of the agreement and it was not covered in the expert report.
Background
An employee filed a case against a company and requested the court order the company to pay him 1.125668 AED and annual interest of 9%. The employee stated he had started working with the company on 19/04/1988 and had resigned on 22/01/2007. The employee stated the company had refused to pay his dues.
The court ruled the company should pay the employee 659448 AED and 9% annual interest.
The company and the employee appealed the ruling before the court of appeal. The court changed the ruling and ruled that the company should pay 708095 AED and upheld the appealed ruling on the other points.
Decision