An employee threatens his female colleague to force her to restore their romantic relationship
A young employee turned on his co-worker, his "ex-girlfriend", as a result of a dispute between them, insulting her with offensive words, and threatening to expose her by publishing private pictures of her on social networks, and he sent these pictures to her family and friends with the intention of compromising her honor to force her to Returning to him and re-establishing the relationship between them again, so he was convicted under a criminal ruling on the charge of threatening the victim and insulting her in a way that offends her honor and consideration, publishing her private photos, hacking her phone and entering her account on Facebook without permission, while the Abu Dhabi Family Court and Civil and Administrative Claims ruled to obligate the accused. the defendant” to pay the plaintiff “the victim” an amount of 10,000 dirhams in compensation for the psychological and moral damages she sustained.
In the details, a girl filed a lawsuit against a young man, in which she demanded to oblige the defendant to pay her 100,000 dirhams with obligating him to pay fees and expenses and in return for attorney fees, noting that she works in the same company as the defendant and after the emotional relationship between them ended, the defendant He had to harass her by sending her messages via the WhatsApp chat program, and he also told her that he had hacked her account and had been convicted under a criminal judgment, which prompted her to file her present case and attached pictures of penal judgments.
For its part, the court confirmed that the decision, according to the Evidence Law in Civil and Commercial Transactions, is that the plaintiff must prove his right and the defendant has to deny it, noting that what is established from the penal ruling is the defendant’s conviction for the charge of threatening the plaintiff by attributing matters affecting her reputation, honor and consideration, and by publishing her private photos on her family members and friends. To make her reputation worse in front of them to get her to do an action, which is to restore her relationship with him, using information technology (mobile phone).
The court indicated that the evidence of the documents is the conviction of the accused also for the accusation of entering the plaintiff’s account on the social networking site “Facebook” without permission. He has obtained the authority of the res judicata regarding what he decided before the civil court, and it is not permissible with him to re-examine the elements of responsibility, and then the element of error has been available to the defendant and has been definitively proven against him.
The court pointed out that the error for which the defendant was convicted, is the reason for the damages to the plaintiff, and the illegal act on the basis of which the criminal case was filed was the same on whose basis the civil lawsuit was filed. It re-examines it, making the elements of responsibility of error, damage and a causal relationship available to the defendant and the court adopts its judgment on this basis.
Regarding compensation for moral damages, the court indicated that it is stipulated in accordance with the Civil Transactions Law that “every harm to others obliges the doer, even if he is not distinguished, to guarantee the damage,” pointing out that what is established from the penal judgment is that the defendant insulted and threatened the plaintiff, as he entered her account in the Facebook without a permit, and this error resulted in moral damages to the plaintiff, represented in her feelings of sadness, depression and fear of what the court sees as compensating the plaintiff, while the court rejected the plaintiff’s request for compensation for material damages due to the absence of the lawsuit papers indicating the occurrence of material damages to the plaintiff. The court ruled obligating The defendant pays the plaintiff an amount of 10 thousand dirhams, and she obliges the defendant to pay fees, expenses and fees.
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