DCC 108/2009, 109/2009
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
Termination of Employment, Pay, Benefits & Tax, Contract & Conditions of Employment, Rights & Duties of Employees & Employers
Copyright
LexisNexis
Decision date
26 Jan 2010
Catchwords
Dismissal – Pay – Employment Dues – Other Employing Company under the same ownership – Employment Contract – Offer of Employment – Evidence - Commission
This case involved an employee who had been dismissed and made a claim for his dues. The key issue was that the employer claimed the employee was actually employed by another company owned by the same owner, so they had no responsibility for this employee. The court stated if any change happened to the legal position of a company or its formula, the employment contracts which existed during the change should be maintained. The employee also tried to argue he was due commission. This was not detailed in his contract of employment but he stated had been detailed in his offer of employment. The court stated this was not relevant as the evidence he showed related to another company.
Background
An employee filed a case against a company and requested the court to order the company to pay him 985.300 AED and annual interest of 9%. The employee stated he had started working with the company on 06/05/2005 and was dismissed from his job on 27/10/2008 without justification. The employee stated the company had refused to pay his dues.