The Abu Dhabi Court rejected the lawsuit to file it as a non-qualified person

An employee demands two million dirhams from his manager as compensation for dismissal

The Abu Dhabi Court obligated the employee to pay the lawsuit expenses.À Archive

The Abu Dhabi Court for Family and Civil and Administrative Claims rejected a compensation claim, brought by an employee against a company manager, to be filed without a capacity, as the plaintiff litigated the defendant in person.

In the details, an employee filed a lawsuit, in which he demanded to oblige a company manager to pay him an amount of two million and 46 thousand and 788 dirhams, with obligating him to pay fees and expenses, as a form of material compensation for the aggravation of the damage he caused to him, as he arbitrarily terminated his services from the company, in violation of Thus, the internal regulations of the company he manages, and in violation of the Labor Law, caused the illegal termination of services, which led to material damages to him.

During the consideration of the case, the plaintiff attended and submitted a memorandum explaining his claim, including a portfolio of documents, which included a copy of the work contract, a copy of a letter of notice of termination of services, a photocopy of the labor rulings, a copy of the bank’s warnings of the necessity of payment, violations, the expiry of the insurance policy and the phone, In addition to what indicates the company’s procrastination in the payment of labor dues, while the defendant’s lawyer submitted a reply memorandum, in which he pleaded that the case was not accepted, because it was filed against a non-qualified person, and that it was not permissible to consider the case, due to the precedent of adjudication of labor cases.The court stated in the merits of the ruling that the plea to not accept the case, to file it from or to a non-qualified person, is an objective defense not related to the formal procedures in the litigation, since the decision in this plea requires the court to search who is the stakeholder in claiming the right in dispute, Or specifying the opponent who is legally obligated to carry out the alleged obligation, noting that the plaintiff is claiming compensation for material and moral damages he sustained as a result of the defendant’s mistake by dismissing him arbitrarily.

The court indicated that what is established in the papers is that the plaintiff and the defendant were working in the same company, and the defendant was a manager in the company in which he worked, but the plaintiff deducted the defendant in person, not by being a manager of the company, and he did not correct the form of the lawsuit, and therefore denies the defendant’s capacity , where he was personally sued, and the court ruled not to accept the case, to file it with a non-qualification, with the obligation of the one who filed it to pay the expenses.

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