She accused him of divulging her secrets without evidence

Requiring a company to compensate an employee of 109,000 dirhams for dismissing him without notice

The case papers were devoid of evidence that the appealed employee joined another job.

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The Abu Dhabi Labor Court - Appeal upheld the ruling issued by the Court of First Instance, which obliges a company to compensate a former employee of it with an amount of 109 thousand dirhams, to dismiss him without warning, and accuse him of divulging business secrets, without providing evidence of this, and the court ruled to reject the appeal submitted by the company, And uphold the appealed judgment.

In details, an employee filed a lawsuit against a company, requesting the ruling to oblige it to pay him his labor dues, represented by salaries late for eight days from the last work month, compensation for unfair dismissal, warning allowance, vacation allowance of 10 days, end of service bonus, travel ticket and fees. And expenses.

He pointed out that he worked for the defendant company within five years with a comprehensive salary of 19,250 dirhams, and that he had not paid his dues.

On the other hand, the defendant company submitted a memorandum, in which it acknowledged that the employee was entitled to 11 thousand and 549 dirhams for the late salary allowance and leave allowance, and argued that the plaintiff disclosed the company's secrets related to its products, equipment and designs, and that he worked for a competing company.

And she requested the dismissal of the case in what exceeded 11 thousand and 549 dirhams, the rejection of the rest of the requests, and the charge of the plaintiffs fees, expenses and attorney fees.

The court of first instance ruled that the company was obligated to pay the employee 109 thousand and 818 dirhams, and to pay him a travel ticket to the party from which he was brought, and to compel the case expenses, and it ordered the inclusion of the ruling for expeditious enforcement without bail, and it refused otherwise.

The company did not accept the judgment of a court of first instance, so it appealed against him with the appeal, and presented a memorandum in which the appealed judgment was wrongly sentenced to the employee appealed against, compensation for unfair dismissal and warning allowance, even though the termination of his services was due to a legitimate reason, which is his breach of the contract terms by breaching the instructions of the administration, and divulging secrets The company, the pursuit of establishing a competing business company, and the mistake of the appealed judgment in the judiciary of the end of service bonus, because the services were terminated in accordance with the provisions of the Labor Law, in addition to the employee's ineligibility for a travel ticket, for joining the service of another employer.

And it requested the amendment of the appealed judgment, the judiciary to dismiss the case in what exceeded the amount of 11 thousand and 549 dirhams, and obligate the appellant to pay fees, expenses and attorney fees.

The Court of Appeal clarified in its ruling that the company is aware of the lack of entitlement of the employee appealed against to compensation for unfair dismissal, warning allowance, and end-of-service reward - based on his breach of contract terms, disclosure of secrets, and competition, according to the Labor Law, which permits the employer to dismiss the worker without warning if he commits A mistake that resulted in a heavy material loss, provided that he informs the Labor Department of the accident within 48 hours from the time he became aware of its occurrence, or if the worker did not perform his basic duties, or if he divulged a secret from the secrets of the facility in which he works - replied to in the law that no penalty may be imposed These penalties are imposed on the worker except after informing him in writing of what is attributed to him, hearing his statements, realizing his defense, and proving this in a report depositing his own file, and indicating the penalty at the end of the report, and the worker must be informed in writing of the penalties imposed on him, the type, amount and reasons for signing them. The case indicates that the investigation with the employee takes place.

The court indicated that the case papers were devoid of evidence that the appealed employee joined another job, and the appellant company did not provide evidence that the appellant had established a new company operating in the same activity as the appealing company, and her statements were sent lacking evidence, which makes the appellant deserving of a travel ticket to the party Brought from them.

The court ruled to accept the appeal formally, and in the subject matter of the appeal, it rejected it, upheld the appealed judgment, and obligated the appellant to pay the expenses.

The court rejected the company's appeal and upheld the first-degree ruling.

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