DCC 43/2007
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Limitation of Actions, Pay, Benefits & Tax, General Accounting, General Employment & Labour Law
Copyright
LexisNexis
Decision date
21 Jan 2008
Catchwords
Employment Case – Statute of Limitations – Unpaid Dues – Accountant’s Report – Profit Share
This case involved a claim for unpaid dues by an employee including a profit share. It was originally rejected due to the statute of limitations. The employee successfully argued as what was due would not be known by the parties until an accountant had provided his report this should be the date used to calculate the statute of limitations.
Background
An employee filed a case against two defendants and requested the court order the defendants to pay him 556600 AED and annual interest of 9% plus 40% of the revenue the company had earned during his career. The employee stated he had started working with the company on 11/07/1997 but the company had refused to pay his dues.
The court rejected the case due to the statute of limitations.
The employee appealed the ruling before the court of appeal. The court abandoned the appealed ruling on the amount the employee paid to the second defendant and upheld the ruling in other points.
Decision