The court ruled 41,000 dirhams for leaving her job before the end of the contract

An employee demands compensation from her employer of 851 thousand dirhams

The Court of Cassation in Abu Dhabi overturned an appeals ruling requiring a company to compensate an employee with 177,000 dirhams, and decided that the compensation amount dropped to 41,000 dirhams, indicating that the respondent was not entitled to compensation for the leave allowance, the end of service bonus and compensation for the termination of the fixed-term contract.

In the details, an employee filed a lawsuit against a company (her previous employer), demanding that she pay her about 851 thousand dirhams, which is its percentage of commissions, 150 thousand dirhams in late wages, 500 dirhams for overtime hours, 30 thousand dirhams for a warning, and 56 thousand dirhams. AED for leave allowance, 24.5 thousand dirhams for end-of-service bonus, 500 thousand dirhams in compensation for material and moral damages, and 90 thousand dirhams in compensation for unfair dismissal, and obligating her to hand over an experience certificate and return tickets, indicating that she worked for the company in 2014 with a salary of 31 thousand dirhams.

Whereas the defendant company submitted a request to compel the respondent to pay it 111 thousand and 499 dirhams, the remaining value of the stolen personal loan, and 30 thousand dirhams in lieu of a warning, and to oblige it to return a computer under its custody, and to compensate it for the damages it caused to it, and the court of first instance ruled in the case The original entitlement of the plaintiff employee in the total of her requests amounted to 177 thousand and 95 dirhams, the company obligated the defendant to pay it to her, and in the counter suit obligating the plaintiff to pay the company 111 thousand and 499 dirhams, and all other requests were rejected.

The plaintiff did not accept the ruling, and appealed against it before the Court of Appeal, and the company filed a corresponding appeal, and the court ruled to cancel the appealed ruling regarding the ruling of the defendant in the opposite lawsuit, amounting to 111 thousand and 449 dirhams, and the judgment again to reject the request and support it in the matter of the original lawsuit.

The convicted company appealed this ruling by way of cassation, and blamed the contested judgment as a mistake in applying the law, as it refused to respond to its interlocutor request to compel the respondent against it for an amount of 111 thousand and 499 dirhams remaining in its debt from the loan.

She indicated that the appealed ruling was a mistake in the application of the law, as it decided that the employee against whom the contested is entitled is entitled to an end-of-service bonus, a vacation allowance, and compensation for the annulment of the annual fixed-term contract, while she does not deserve any of that for leaving her work of her own choosing without warning of resignation, in addition to the obligation Depriving her of these rights because she was convicted by a final judgment of the crime of embezzlement and breach of trust.

For its part, the court clarified in the merits of the judgment that the proof of the document submitted to the court guarantees that the employee will fully repay the loan to the company.

The court ruled to cancel the appealed ruling regarding requests for leave allowance, end of service bonus and compensation for terminating the contract, and the judgment once again to reject these requests, so that the amount decided upon becomes 41 thousand dirhams, instead of 177 thousand and 95 dirhams.

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