Company fined 395 thousand dirhams for failing to pay workers' wages

The Court of Cassation rejected an appeal filed by a company, accusing it of unjustifiably refraining from paying its employees' wages.The Abu Dhabi Court of Appeal ruled that the company and its owner were fined AED 395 thousand for the charge and charged them with judicial fees.

The Public Prosecution had instructed the company and its owner that they had unjustifiably failed to pay the wages of their workers, whose number is indicated in the seizure report, and had requested 395 workers, and requested their punishment in accordance with the articles of the Federal Law Regulating Labor Relations on Wage Protection.

The court of first instance ruled in the presence of a fine of 90,000 dirhams for the charge, and obliged them to judicial fees. In the matter of the appeal of the prosecution to amend the appealed judgment by fining the appellant against them the amount of 395 thousand dirhams for the charge and charged them with judicial fees.

The company challenged the verdict by cassation, filed a newspaper with the reasons of its appeal and the amount of 1000 dirhams in the prescribed insurance.The cassation prosecutor filed a memorandum of opinion in which the appeal was inadmissible.The court found in a counseling room that the appeal was worthy of consideration at the scheduled hearing.

The Court explained that the Code of Criminal Procedure stipulated that appeals against cassation may be made only in the final judgments issued by the courts of appeal, and as long as there is a normal way to appeal the verdict with which it may be canceled or amended, this route must be exhausted before resorting to cassation appeal.

She pointed out that a legal representative of the appellant company should have been present, and if it failed as in the case pending and an agent attended it before the Court of Appeal, the verdict against her would be in absentia, even if the court mistakenly described it as being present. Accordingly, it is not permissible to appeal by cassation before the expiry of the date of this opposition.