DCC 80/2007
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
General Employment & Labour Law, Pay, Benefits & Tax, Litigation Procedure & Practice
Copyright
LexisNexis
Decision date
25 Feb 2008
Catchwords
Employment Dispute – Jebel Ali Freezone – Unpaid Dues – Escaping Case – Fax – Labour Department – Litigation Procedure
This case involved a claim for unpaid dues by an employee who had had an ‘escaping case' filed against him by his employer. The employer's case was rejected as it had not followed the correct litigation procedures. The employee argued they had sent a complaint to the Labour Department by fax but this had been incorrect as both parties worked in the Jebel Ali freezone and the complaint should have been raised to the relevant authorities there.
Background
An employee filed a case against a company and requested the court order the company to pay him 558.500 AED and annual interest. The employee stated he had started working with the company on 15/08/2004 and when he returned from his holiday he had found that the company had filed an escaping case against him to avoid paying his dues.
The court rejected the case because it had not been properly filed. The employee appealed the ruling before the court of appeal. The court rejected the appeal and upheld the appealed ruling.
Decision