DCC 121/2009
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
Appeals, Rights & Duties of Employees & Employers, Termination of Employment, Pay, Benefits & Tax, Litigation Procedure & Practice
Copyright
LexisNexis
Decision date
29 Mar 2010
Catchwords
Appeal – Employee's Rights – Fees – Termination of Employment – Court Fees – Evidence Photocopy – Salary – Benefits – Litigation Procedure
This case involved a claim by a claim by an employee for unpaid salary and benefits following their dismissal. Key issues included whether the employee was due to pay court fees for an appeal taken by the employer. The court also looked at whether litigation procedure had been followed as there had been insufficient detail given on the grounds of appeal. A final issue was whether photocopies could be used as evidence.
Key Legal Questions in the Judgment
1. Employee exemptions from paying judicial fees.
2. Validity of the appealed decision ordering the employee to pay fees for the appeal filed against him by the employer.
3. Evidentiary power of a photocopy.
4. The exclusion of a photocopy as a document submitted by the employee as evidence of the amendment in the salary agreed in the employment contract following its rejection by the employer.
5. Whether an appeal in cassation must clearly include the grounds for such an appeal demonstrating the default attributed to the appealed decision and its impact on the ruling.
Background Facts