DCC 58/2011
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Civil Evidence, Termination of Employment, Pay, Benefits & Tax
Copyright
LexisNexis
Decision date
7 Jun 2011
Catchwords
Evidence - Termination of employment – Dismissal – Dues – Overtime pay – Amount Established – Court
This case involved a claim for unpaid dues on dismissal by an employee, including the payment of unpaid overtime by an employee. The company owner was asked to swear by the court but refused. The court wrongly based its decision on this but had not confirmed the amount of overtime which was payable.
Background
An employee filed a case against a company and requested the court order the company to pay him 517568 AED and annual interest of 9%. The employee stated she had started working with the company on 15/06/2006, was dismissed on 20/10/2009 and the company refused to pay her dues.
The court ruled that the company should pay the employee 378942 AED and annual interest of 9%.
The company and the employee appealed the ruling before the court of appeal. The court asked the company's owner to swear before the judge but he refused this request.
The court of appeal abandoned the appealed ruling on the rejection of the payment of overtime hours and ruled the company should pay the employee 507210 AED.
Decision