DCC 71/2011
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Termination of Employment, Pay, Benefits & Tax
Copyright
LexisNexis
Decision date
17 Oct 2011
Catchwords
Employee – Dismissal Unfair – Evidence – Investigation – Work outside job title – Overtime
This case involved an employee who had been dismissed from her job but not paid her dues. The company's attempts to argue the dismissal was fair was not accepted as the evidence of economic downturn in Saudi Arabia had not been issued by the Dubai Chamber. The employee was right to ask for an investigation as this was the only way she could prove she had been asked to work outside her remit and deserved overtime pay.
Background
An employee filed a case against a company and requested the court order the company to pay her 294.938 AED and the value of a flight ticket. The employee stated she had started working with the company on 01/09/2007 and was dismissed from her job on 31/03/2010 but the company refused to pay her dues.
The court ruled the company should pay the employee 62.083 Saudi Riyals (or equivalent in Emirati Dirhams) and the value of a flight ticket.
The company and the employee appealed the ruling before the court of appeal. The court abandoned the appealed ruling on the payment of the flight ticket and upheld the ruling in its other points.
Background