DCC 46/2010/1
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
General Competition Law, General Company Law & Business Entities, Contract & Conditions of Employment, Nationality & Citizenship, Companies & Corporate Bodies, Liquidation
Copyright
LexisNexis
Decision date
13 Apr 2010
Catchwords
Competition – Shares – Share Capital – Employment Contract – Nationality – Company – Liquidation
This case initially involved a claim that an employee had damaged their employers by working with a competitor. It was then stated by the employee that they were not an employee but had a fake employment contract as a means of owning shares in a company since they were not a national. If share capital, even as little as 1% was unpaid the company is null and void and should be liquidated. The fact the employment contract was fake did not mean it should be rendered null and void.
Background
A Claimant brought proceedings against what who he alleged to be his employee stating they had conspired against him, as his employee, by working with his competitors and had inflicted grave damage on the Claimant and his company.