DCC 129/2010
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
Agency, General Employment & Labour Law, Remedies, Termination of Employment, Pay, Benefits & Tax
Copyright
LexisNexis
Decision date
14 Mar 2011
Catchwords
Agent - Three Year Contract of Employment – Compensation – Dismissal - Salary
This case involved a claim for compensation for unfair dismissal by an employee employed on a three year contract. It was argued by the employer that they had merely been the agent of the Ministry of Education so the individual was not their employee. The court looked at who had signed the contract and who paid salary to decide if that was the case. The compensation detailed in the employment contract should also have been paid.
Background
An employee had filed a case against a company and requested the court to order the company to pay him 2.477.995 AED. The employee stated he had started working with the company on 15/02/2009 on a three-year working contract but he was dismissed on 11/08/2009 without justification. The employee stated the company had refused to pay his dues.
The court rejected the case.
The employee appealed the ruling before the court of appeal. The court of appeal abandoned the appealed ruling and ruled the company should pay the employee 375.500 AED but rejected the other requests.
Decision
The employee and the company appealed the ruling before the court of cassation (Appeal No. 129/2010) and (Appeal No. 143/2010).