The court ordered him to return the sums collected

A manager raises his salary of 5000 dirhams without the knowledge of the owner of the company

The Abu Dhabi Court of First Instance ruled to obligate a former company director, Bin Yada’, to the company, 25,000 dirhams, to complete the temporary compensation awarded in the civil lawsuit related to the criminal case, in the amount of 5,000 dirhams previously adjudicated, so that the total compensation estimated to the Civil and Criminal Court is 30,000 dirhams, for his increase in his salary of 5,000 dirhams. He spent it for a period of four months without the knowledge and consent of the owner of the company.

The details of the case refer to a company filing a lawsuit against its former manager, requesting that he pay the company 30 thousand dirhams with obligating him to pay fees and expenses, noting that the defendant was working for it and breached the duties assigned to it and was punished by a penal ruling for what was attributed to him and a fine of 20 thousand dirhams By obligating him to pay the company claiming civil rights an amount of 5000 dirhams as temporary compensation.

The court stated that the penal judgment issued against the defendant has become final and conclusive, and therefore it has the authority of the res judicata before the civil courts with regard to the availability of the elements of tort liability.

She pointed out that it was evident in the papers that the company had suffered damages as a result of the action of the defendant, who was working as a mechanical engineer and general manager of the company for exploiting the powers of attorney and powers granted to him to seize for himself sums of money and squander the documents related to it. From the statements of the owner of the victim company and from the technical expertise report delegated before the Criminal Court that the accused embezzled an amount of 20,000 dirhams by making an increase in his salary of 5,000 dirhams without the consent of the owner.

The court indicated that the accused transferred his salary for a period of four months in excess of his officially established salary, and thus the accused would receive 20 thousand dirhams without the consent of the owner, and it was not proven that the accused handed over to the complaining company papers and documents related to its dealings during the period of his management of it with one of its clients, nor was it proven Handing over to him by the institution any other papers that he may have of receipt vouchers and invoices for any other dealings with clients.

The court pointed out that it considers that the refund of the amount is considered a material compensation, especially since the papers were devoid of providing evidence that the defendant had refunded those funds, and in the moral compensation, as it is established that the plaintiff identified its elements in the suffering she suffered because of his distress and from filing a lawsuit and insulting him what The court estimates the moral compensation for it at the amount of 5000 dirhams, and all of this is in addition to the temporary compensation awarded in the civil lawsuit related to the criminal case, in the amount of 5000 dirhams, which was previously adjudicated temporarily, so that the estimated compensation for the civil and criminal court is 30 thousand dirhams, from which the amount of 5000 dirhams decided in the criminal case will be deducted. The court ruled to obligate the defendant to pay the plaintiff an amount of 25 thousand dirhams to complete the compensation, while obligating him to pay the expenses.

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