DCC 442/2021
Type
Journal
Journal
Employment case monitor
Issue
1
Page
1
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
Civil Evidence, Offences against the Person, Criminal Evidence, Rights & Duties of Employees & Employers, Accident Reporting & Investigation, Employers' Liability, Personal Injuries Proceedings & Damages, General Construction Law
This case involved evidence of compensation due for an employee who had had a workplace accident. The employer and others working for the employer had been charged with health and safety offences by the criminal courts as a result of the accident. A key point was whether it was correct to use a medical report issued at this time and the criminal ruling as evidence of the disability level when there had been evidence including on social media that the individual was not so seriously disabled.
Background
Some Respondents, in their capacity as guardians , filed suit No. 2065 of 2020 before the Dubai Court of First Instance, requesting judgment to compel the Appellant to pay them five million AED and legal interest at 12% annually from the date of filing the lawsuit until full payment, on the basis that on 27/07/2017 during his work in a building under construction which belonged to the Appellant, an individual lost his balance and fell from a great height, causing him injuries.