DCC 39/2011
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Termination of Employment, General Accounting
Copyright
LexisNexis
Decision date
26 Sep 2011
Catchwords
Unfair dismissal – Employee Ill health – Heirs – Expert – Evidence – Accounting Standards
The original dispute involved a claim by an employee who had been dismissed on the grounds of ill health for his dues. The employee died and the case transferred to his heirs. A key question was whether the expert appointed to estimated losses had contravened accounting standards.
Background
An employee filed a case against a company and its owner and requested the court order them to pay him 3.072.508 AED and annual interest. The employee stated he had started working with the company on 10/09/2007 and was dismissed from his job on 10/10/2009 due to illness and the company had refused to pay his dues.
The company requested the court to appoint an expert to estimate its losses.
The employee died so the court ruled the company should pay his heirs 1.146.679 AED and annual interest of 9% in addition to the value of flight tickets for the heirs.
The company appealed the ruling before the court of appeal. The court upheld the ruling.
Decision