The Abu Dhabi Labour Court of First Instance has ruled that a company must pay an employee who was dismissed without notice AED90,750 in salary arrears and one month’s notice pay. The court rejected the company’s defence that the employee had taken unpaid leave, citing the absence of the employee’s signature on the leave request.
The case arose after an employee filed a lawsuit against his employer, seeking salary arrears for three months and 26 days amounting to AED74,250, in addition to AED16,500 as compensation for one month’s notice.
The company’s representative submitted a memorandum of defence, requesting that the lawsuit be dismissed for lack of validity and evidence.
The court stated that the Labour Relations Law obliges employers to pay workers’ wages on their due dates. It noted that the employment contract signed by both parties confirmed the employee’s total monthly salary was AED16,500. The court found no evidence that the company had paid the salary claimed by the employee or had otherwise fulfilled its payment obligations. It therefore ruled that the employee was entitled to AED74,250 in unpaid wages.
The court rejected the company’s argument that the employee had taken unpaid leave, stating that it had failed to provide evidence of an agreement between the parties regarding the leave. It added that the document submitted by the company did not prove the employee’s approval, as it had been issued solely by the defendant and did not bear the plaintiff’s signature.
Regarding the notice allowance, the court said the law requires either party to notify the other in writing before terminating an employment contract. The notice period must be no less than 30 days and no more than 90 days, during which the employee is entitled to full pay. The court noted that the company had terminated the employee’s service without notice and that there was no evidence the notice allowance had been paid. As a result, it ruled that the employee was entitled to AED16,500, equivalent to one month’s salary as specified in the employment contract.
The court ordered the defendant company to pay the plaintiff AED90,750, with the judgment subject to immediate enforcement. The company was also ordered to pay the legal expenses.
Source: Emirates 24|7