DCC 107/2009
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
Civil Evidence, Termination of Employment, Pay, Benefits & Tax, Contract & Conditions of Employment
Copyright
LexisNexis
Decision date
7 Jun 2010
Catchwords
Written Evidence – Expert’s Report – Court - Dismissal – Late Salary – Employment Contract – Simulated Contract
This case involved an employee who had been dismissed after claiming late salary. The employer argued the contract of employment was a simulated one. As the contract was a written one, this could only be proved with written evidence. The court should not have based its ruling on the expert's report only.
Background
An employee filed a case against a company and requested the court order the company to pay him 244000 AED and the value of a flight ticket. The employee stated he had started working with the company on 18/07/2006 on a three-year contract and was dismissed from his job because he had asked the company to pay his late salary.
The court ruled that the company should pay the employee 58067 AED and the value of a flight ticket but rejected the other requests.
The company and the employee appealed the ruling before the court of appeal. The court abandoned the appealed ruling on the late salary and compensation but upheld the ruling on the other points.
Decision