He resigned from his previous job at the defendant's request

150 thousand dirhams in compensation for an employee whose employment a company declined

The Abu Dhabi Court of First Instance ruled to obligate a company to compensate an employee with an amount of 150,000 dirhams, in return for its non-compliance with an unlimited-term employment contract that it submitted to him to work for it as a manager of the investment portfolio with a salary of 42,000 dirhams, but after setting the expected date to start work, and following his resignation from his previous employer, He was surprised that she refused to hand him over his work without giving any reasons.

In detail, an employee filed a lawsuit against a company, in which he demanded the ruling obligating it to pay him an amount of 600,000 dirhams in compensation for material and moral damages, and legal interest 12% from the date of filing the lawsuit until full payment, with obligating it to pay fees and banks.

He explained that the company (the defendant) offered to work for him with a monthly salary of 42 thousand dirhams, and the contract was signed between the two parties with the position of investment portfolio manager, and as a result, the defendant demanded from the plaintiff to cancel his residency, and terminate the working relationship between him and the company he was working in so that it could From the termination of legal procedures from the issuance of a work and residence contract.

The plaintiff indicated that he had terminated the work relationship with the company in which he was working and canceled his residence, and since the plaintiff was married and had children, and the company (the defendant) had broken its promise, and had not completed the residency procedures, so the plaintiff became violating him and his family and had a grace period of only 30 days to complete the procedures The transfer of residence, which caused him severe damage and left him without work and salary, and his inability to pay school fees, as his two daughters are enrolled in private schools with tuition fees of 59,000 dirhams, in addition to the rent of housing in the amount of 49,000 dirhams, as well as his inability to pay his debts.

The plaintiff submitted a portfolio of documents that included within the lawsuit papers, a photocopy of an indefinite employment contract between the plaintiff and the defendant company, a photocopy of an employment contract signed between them, a photocopy of the correspondence related to the negotiation procedures, and an electronic photocopy of the transfer and use of a worker from one facility to another facility (Rejected at the request of the facility), and a photocopy of an invoice issued by a school for the tuition fees of his two daughters, amounting to 59,000 dirhams.

The court clarified that it was established from the papers that the defendant sent the plaintiff a letter of offer of work with it, in which it identified all the essential issues related to the contract to be concluded with him, and the plaintiff responded to that offer by acceptance within the period stipulated in the offer, and the work contract was signed between the two parties and his appointment as portfolio manager Investments, as he set the expected start date, but when he started to join the company after his resignation from his previous employer, he was surprised by its retraction from the previous work, without giving any reasons or justifications, as indicated by the electronic affidavit regarding the transfer and employment of a worker from one facility to another. Others (rejected at the request of the facility - the defendant).

The court indicated that the defendant’s retraction from the implementation of her obligations agreed upon in the contract subject of the lawsuit is a breach of it, especially since she did not deny the papers and documents submitted by the plaintiff, and did not provide the court with an acceptable excuse for her retraction, and this does not affect what the defendant’s agent reported that there are shortcomings, and the It was completed according to what was shown in the e-mail, with the error corner having been provided by the defendant.

The court confirmed that the defendant’s error is the reason for the damages to the plaintiff, which means that there is a causal link between the defendant’s error and the damage suffered by the plaintiff, and the pillars of the entire liability lawsuit are available, with which the plaintiff is entitled to compensation for this damage.

The court ruled to obligate the defendant to pay the plaintiff 150,000 dirhams, and the interest at 4% from the date of the issuance of the judgment, in addition to obligating her to pay the expenses.

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