DCC 123/2009

The original case involved a claim for unpaid dues by an employee who had been dismissed. The case was rejected due to the existence of an arbitration condition in the contract. It was not acceptable to appeal this case while it was still being considered.

Background

An employee filed a case against a company and requested the court order the company to pay him 405.050 AED and annual interest plus the value of a flight ticket. The employee stated that he had started working with the company on 18/04/2005 and was dismissed from his job on 05/10/2008. The employee stated the company had refused to pay his dues.

The company requested an arbitration condition be considered.

The court rejected the case due to the existence of arbitration condition.

The employee appealed the ruling before the court of appeal. The court abandoned the appealed ruling and referred the case to the elementary court to consider it.

Decision

The company appealed the ruling before the court of cassation.

The court said that Article 151 of Federal Law No. 11/1992 stipulated that appealing the ruling that had been issued during the consideration of the case was not acceptable.