Worker Wins Claim
for Compensation

ABU DHABI - The Federal Supreme Court on Tuesday ordered a company to pay three months’ salary as compensation to a worker whose services had been terminated arbitrarily.



By Adel Arafah

Published: Thu 3 Dec 2009, 10:54 PM

Last updated: Thu 2 Apr 2015, 9:26 AM

The court also granted the worker the right to transfer sponsorship without the need for approval of his current employer.

According to court records, the worker had lodged a complaint with the Ministry of Labour and sought gratuity amounting to Dh32,000 in addition to three months’ salary.

The ministry summoned the representative of the company to resolve the dispute, but the company said the worker had been given full dues.

The ministry referred the dispute to the Labour Court of First Instance, which appointed an expert to look into the matter and submit a report.

The court ordered the company to pay to the complainant his end-of-service benefits in complete as well as Dh6,000 in lieu of the arbitrary termination – thus the total dues payable tothe complainant amounted to Dh38,000.

The complainant demanded his right to work for another sponsor without the approval of the present sponsor.

The company challenged the verdict but the Labour Court of Appeals rejected the company’s petition.

The company then moved the Federal Supreme Court, which ruled that the labour contract was not a factor for proving the actual commencement of work. Any letter issued by the company or the sponsor which mentions that the employee started working before the date on which the labour contract was issued, will be considered a valid document.

adel@khaleejtimes.com


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