Abu Dhabi court orders domestic worker to pay Dh10,000 after assaulting three-year-old child in her care

Abu Dhabi: The Abu Dhabi Family, Civil and Administrative Court ordered a domestic worker to pay Dh10,000 in compensation to a woman after convicting her of assaulting her three-year-old child and causing scratches on various parts of his body. The Criminal Court had previously convicted the defendant and fined her Dh3,000.

In detail, a woman filed a lawsuit against a domestic worker, demanding that she pay her Dh25,000 as compensation for the material and moral damages she suffered, plus legal interest at a rate of 5% from the date of the claim until full payment, in addition to obligating her to pay the fees, expenses, and attorney’s fees. She indicated that she had entrusted her with the care and attention of her child during her absence, but the worker had seriously breached the duty of trust and care, as she had assaulted the child, resulting in physical injuries consisting of multiple scratches on the chest and lower jaw, according to what was proven by a medical report.

The worker was found criminally guilty of assaulting the child’s physical integrity and sentenced to one month’s imprisonment with a suspended sentence, and fined Dh3,000.

The defendant submitted a response memorandum, in which she insisted on rejecting the lawsuit, based on the malicious nature of the accusation, and the existence of disputes between her and the plaintiff due to the latter’s failure to fulfil her contractual obligations and pay the wages due to her, noting that she worked for her as a driver, and had no connection to childcare.

For its part, the Court explained in the reasoning of its ruling that the incident of assault for which the defendant was convicted by a final and conclusive criminal ruling is the same common basis on which the lawsuit was based.  This is not affected by what she adhered to in terms of a defence based on denying the incident of assault, as long as the criminal ruling has settled this matter, so that it is not permissible to raise it again or discuss it again.

Regarding the claim for compensation, she pointed out that the mistake made by the defendant caused the plaintiff, in her capacity as the guardian of the victimised child, material damages represented by harming his physical safety and the costs of treatment she incurred, in addition to what the Court concluded from the facts of the case – that the plaintiff and the child were afflicted with pain, sorrow, grief and loss of confidence as a result of this assault – thus achieving both material and moral damage.

The Court ruled that the defendant must pay the plaintiff Dh10,000 as compensation for material and moral damages, and a late payment interest of 4% from the date the judgment becomes final and conclusive, not exceeding the original amount awarded, while obligating her to pay the fees and expenses of the lawsuit.