She transferred the amount during her work to her account unjustly

A foreign nursery manager seizes 5 million dirhams

The Abu Dhabi Court for Family and Civil and Administrative Claims ordered a former director of a nursery (of a foreign nationality) to pay the nursery four million, 998,470 dirhams, which she illegally obtained from the custody accounts, while working in the management of the place for a period of 15 years.

In detail, a child custody filed a lawsuit against her former director, demanding that she pay her four million and 998 thousand and 470 dirhams, which she obtained from her account by an increase in her salary, and obligating the defendant to legal interest at 12% from the date of the claim until full payment, with the ruling being included. expedited execution, with obligating them to pay fees, expenses and attorney fees.

She indicated that the defendant had a working relationship with her that ended with her submitting her resignation, and then it was found that during her period of work she transferred from the custody account amounts exceeding her monthly salary to her account, and other amounts, in bad faith.

The report of the arithmetic expert delegated by the labor court confirmed that the defendant received amounts in excess of her salary, totaling the amount claimed, while the defendant’s attorney submitted a reply memorandum in which it concluded that the case was not allowed to be considered due to the previous ruling in the labor court.

The court clarified that the evidence from the accounting expertise report is that the defendant had an internal agency to manage the account with sole powers, and to use it in the bank, and she was dealing with the account belonging to the plaintiff, where the owner of the plaintiff's custody granted her those powers.

And the court pointed out that the defendant indicated that her salary was 10,000 dirhams per month, and the expert also indicated that the defendant was dealing with the plaintiff’s account with withdrawals and deposits from the date of opening the account until April 2021, and she was paying custody obligations such as fees, renewals, salaries, purchase of assets and payment of custody fees. Any accounting records or books subject to the lawsuit are submitted from 2005 to date, and there is no evidence of auditing their accounts.The court indicated that the statements of the custody account claimed with the bank during the period under litigation showed that the amounts disbursed from the custody account, whether by checks or transfers, amounted to 11 million and 570 thousand dirhams, and that the amounts transferred from the claimed custody account to the defendant’s personal account in the same bank for the period The same, six million and 668 thousand and 470 dirhams, and by deducting the value of her monthly salary at a rate of 167 months, at the rate of one million and 670 thousand dirhams, and thus what the defendant transferred to her personal account exceeds her monthly salary for the period of her work by an amount of four million and 998 thousand and 470 dirhams.

The court confirmed its satisfaction with the report of the expert deposited in the labor appeal, and therefore the defendant is still occupied for the benefit of the plaintiff with four million and 998 thousand and 470 dirhams, which the defendant did not provide a reason for transferring the amounts to her account, and the defendant attended and did not challenge the report or present a defense , especially as she appeared before the court, and did not provide evidence that she had paid the amount claimed.

The court ruled to obligate the defendant to pay the plaintiff four million, 998,470 dirhams, and the annual legal interest is calculated from the date of the judicial claim until full payment, not exceeding the principal of the debt, the expenses of the case and an amount of 200 dirhams in return for attorney fees, and the rejection of other requests.

• The arithmetic expert's report confirmed that the defendant had received more amounts than her salary.

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