The court ruled for a dismissal allowance, an end of service gratuity, and a ticket

A company owner is obligated to pay a representative of 26 months’ salary

Al Ain Court of First Instance ruled to oblige the owner of a company to pay a representative who was working in it an amount of 134,916 dirhams, salaries for 26 months he did not receive, a dismissal allowance and an end-of-service gratuity, in addition to paying the value of a return ticket to the entity from which he was recruited.

In detail, a sales representative filed a lawsuit against the owner of a company, in which he demanded to oblige the defendant to pay him 298 thousand dirhams, the value of late salaries for a period of 26 months, leave allowance, compensation for dismissal, end of service gratuity for the period in which he worked, and housing allowance, And study expenses for his son, a travel ticket, in addition to compensation for damages in the amount of 50 thousand dirhams, as well as fees and expenses, while the defendant submitted a memorandum explaining his defense, which included a cross-claim requesting the assignment of an accounting expert to liquidate and settle the account between him and the plaintiff, on the grounds that he was charged The plaintiff manages commercial establishments and pays employees their salaries.

While the report of the expert delegated by the court indicated that the documents submitted by the defendant were insufficient to know the cross-claimed financial dues, and that the original claimant was entitled to a vacation allowance for one month and an end-of-service gratuity, and the expert left the judgment of arbitrary dismissal to the court.

During the consideration of the case, the plaintiff confirmed that he did not receive his salary during his period of work, and it was agreed with him by the defendant, to pay the amount of housing and his son's school, and that the salary is deferred until the collection of sums from the institution, indicating that he only received 15,000 dirhams from the defendant, Under the calculation of his salary, and determined to direct the decisive oath to the defendant regarding his salary, the defendant attended and decided that he was demanding sums of money from the plaintiff, and denied what the plaintiff decided and submitted a note commenting on the expert report.

In its ruling, the court explained that it was clear from the case documents that the plaintiff worked for the defendant as a special representative, and that it was established from the work contract that the plaintiff’s salary amounted to 5000 dirhams per month. The court is not satisfied with the statements of the witness before the expert, who decided that the plaintiff is a partner, and this is a violation that was not decided by the parties to the litigation, and the court only has the work contract that it relies on in its judiciary, and the court decides in the original case on this basis.

The court confirmed that the burden of proving the payment of wages rests with the defendant, who attended and did not provide evidence that the plaintiff had paid his salaries, and did not affect that, that the defendant was limited to his defense that the plaintiff is the one in charge of managing the institutions and holding the workers accountable and that he receives sums of money, as he did not He submits evidence documents, so the court orders the plaintiff to pay the claimed salary for a period of up to 26 months, and the due for this period is 129 thousand and 666 dirhams, and 15 thousand dirhams are deducted from them, which the plaintiff acknowledged receiving from the defendant, and the due is 114 thousand and 666 dirhams.

She indicated that the period of the plaintiff's service with the defendant amounted to a total of "two years, a month and 28 days", and his salary was 5000 dirhams. Accordingly, the plaintiff is entitled to 10 thousand dirhams.

The plaintiff decided that the defendant terminated his work without justification, and the defendant did not prove otherwise, and he is obligated to pay the plaintiff 5,000 dirhams in compensation for the termination of the employment contract.

The court ruled to accept the opposite claim in form, and on the subject of the opposite case to reject it, and in the subject matter of the original case, the defendant was obligated to pay the claimant 134 thousand and 916 dirhams, and to pay the value of a return ticket to the party from which he was recruited if he left the country and did not join another work, in addition to obligating him to pay the judicial expenses of the two cases. The original and the corresponding, and otherwise refused requests.

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