Abu Dhabi Court of Cassation Judgment on Reporting Employees who have Absconded

Analysis

The Abu Dhabi Court of Cassation has recently issued a judgment confirming that employers have a duty to report employees that have absconded, and that the reporting of such employees cannot give rise to liability. Al Tamimi & Company successfully represented the employer in the case.

Background

An employee brought an action against her former employer (a university) seeking employment entitlements and AED 200,000 (USD 55,000) as compensation for harm caused by a report filed by the employer with the authorities claiming that she had absconded.

The employee's employment contract was terminated on the 25 March 2010. After the termination, the employee failed to cooperate with the employer to cancel her residence visa and did not turn up at the Naturalization and Residence Department to complete the necessary formalities. On the 19 May 2010 the employer filed a report alleging that the employee absconded. On the same day, the employee initiated court proceedings for her entitlements and compensation for damages.

Court of First Instance