DCC 144/2010
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
Termination of Employment, Pay, Benefits & Tax, Contract & Conditions of Employment
Copyright
LexisNexis
Decision date
11 Jan 2011
Catchwords
Holiday Pay – Dismissal – Employment Contract – Date of Termination – Commission – Basic Salary
This case involved a claim for dues including holiday pay by an employee who had been dismissed. It was confirmed the court had the discretion to decide on the date of termination of the employment contract. It was also confirmed that holiday was calculated based on basic salary but commission was part of basic salary.
Background
An employee filed a case against a company and requested the court order the company to pay him 429498 AED, annual interest of 9% and the value of a flight ticket. The employee stated he had started working for the company on 03/02/2008 and was dismissed from his job on 05/02/2009 but the company had refused to pay his dues.
The court ruled the company should pay the employee 27018.84 AED, annual interest of 9% and the value of a flight ticket.
The company and the employee appealed the ruling before the court of appeal. The court rejected the appeals and upheld the ruling.
Decision
The company and the employee appealed the ruling before the court of cassation (Appeal No. 144/2010) and (Appeal No. 147/2010).