Dubai Courts obligated her to pay 216 thousand to the employee after 6 months of work

A “procedural error” behind a company losing a lawsuit in favor of an employee

The Court of Cassation upheld a ruling by the Court of Appeal in Dubai that a company lost its right to appeal against a ruling by the Labor Court obligating it to pay AED 216,515 in addition to a travel ticket, due to a procedural error represented in the failure to pay the fee prescribed for the appeal within three days from the date of electronic registration. to appeal.

In detail, a manager in one of the companies filed a lawsuit demanding that the company pay an amount of 216,600 dirhams, and a return ticket, pointing out that she joined her job on September 11, 2019 for a monthly salary of 22,500 dirhams, 13,500 dirhams as a basic salary, and remained on top She worked for eight months, until her dues reached the amount she is claiming.

After examining the case, the Court of First Instance ruled to obligate the company to pay an amount of 216,510 dirhams to the employee and a ticket to return to her home country, unless she joined another party.

For its part, the company appealed against the ruling before the Court of Appeal, but the latter ruled for the forfeiture of its right to appeal because it had not paid the fee prescribed for the appeal within three days from the date of the electronic registration as prescribed by law, so it was considered as if it had not happened, and the company obligated the expenses and ordered the confiscation of the insurance amount.

In light of the financial claim being less than 500,000 dirhams, the company submitted a request to the Attorney General to appeal against the ruling of the Court of Appeal, as litigants may not appeal directly to the Court of Cassation as long as the quorum is less than half a million dirhams, according to Article 23/3 of the Council’s decision Ministers No. 57 of 2018 regarding the regulations of Federal Law No. 11 of 1992 regarding the Civil Procedures Law.

For his part, a Chief Public Prosecutor at the Civil Prosecution, Tariq Al-Naqbi, examined the request, and presented it to the Public Prosecutor, who directed his approval and the adoption of the appeals court ruling in the interest of the law.

After examining the appeal, the Court of Cassation concluded that what was confirmed by the case management office letter that the company submitted an appeal to the court on November 29, 2020, and was automatically notified of the payment of fees through the system, on December 6, but it failed to pay, which led to the automatic cancellation of the application on December 11, 2020.

The Court of Cassation clarified that the company submitted another application, on the basis of which the appeal was registered, and it was found, according to the evidence in the papers, that the second application was submitted on December 16, 2020, i.e. more than thirty days have passed from the day following the issuance of the first instance judgment on November 5, 2020, to the effect that the appeal It was lifted after the deadline, pointing out that the appealed court ruling ended in accordance with this consideration, and ruled forfeiting the right to appeal to report it after the date, confirming that the appeal ruling ended with the correct result.

In its judgment, the Court of Cassation concluded that the legislator, as a general rule, drew up the path of appeal in human rights cases, which include civil, commercial, real estate and labor cases, as well as those related to personal status matters, by filing the appeal, appealing cassation, or seeking reconsideration within the legally specified appeal dates, either in a newspaper filed The case management office is before the competent court and is immediately registered in the register prepared for this, or is registered electronically through the electronic system approved by the Dubai Courts, provided that the electronic registration request is accompanied by data and documents that enable the case management to estimate the fee due, and the case management office at the court must In front of which the appeal is filed, the appellant shall be notified of the value of the fees and deposits to be paid, and the appellant shall pay those fees and deposits within three working days from the date of his notification of payment.

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