DCC 38/2011

This case involved a claim for unfair dismissal and unpaid dues. The employer claimed that this was a partnership not employment relationship, and there was a simulated contract. They complained their defence had been ignored. This was rejected as the court had requested the employee to swear they were an employee before dismissing this defence.

Background

An employee filed a case against a company and requested the court to order the company to pay him 183812 AED and annual interest. The employee stated he had started working with the company on 26/05/1998 and was unfairly dismissed from his job on 12/09/2009 and the company had refused to pay his remaining dues.

The company claimed the employment contract was a simulated one and the two parties were in a commercial partnership.

The court ruled that the company should pay the employee 116.712 AED, the value of a flight ticket and rejected other requests.

The company and the employee appealed the ruling before the court of appeal. The employee swore before the court that the working contract was an actual one and not simulated.