DCC 129/2009
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
Lending & Security, Termination of Employment, Pay, Benefits & Tax, Judiciary, Civil Courts, Jurisdiction & Choice of Law
Copyright
LexisNexis
Decision date
7 Jun 2010
Catchwords
Loans – Employee – Unfair Dismissal – Dues – Judge – Court – Jurisdiction
The original dispute involved claims for unpaid dues by a bank employee who had been unfairly dismissed but had also had a loan with the bank. The question of the net amount of owed taking into account the loan arose. The employee tried to argue labour legislation should not be applied in this case as it involved a loan. The court confirmed the judges who heard the case had jurisdiction to hear all the civil and commercial cases that do not fall under the mandate of the partial courts regardless of the type or the value of these cases.
Background
An employee filed a case against a bank and requested the court order the bank to pay him 1000000 AED as compensation for the unjustified dismissal. The employee said that he started working with the bank on 27/04/2007 and after he had passed the probation period the bank had pressured him to resign and had deducted his dues from a loan that he had received.
The bank requested the court to order the employee to pay 251.915.39 AED.
The court rejected the employee's case.