Latest news with #labourdispute
Khaleej Times
3 days ago
- Business
- Khaleej Times
UAE: Employee wins Dh1.33 million salary-repayment case against employer
The Court of Cassation in Abu Dhabi has partially overturned a previous labour court ruling that required a female employee to return Dh1.33 million in salaries paid during a disputed 18-month absence. The employee (the claimant), who had been working with the defendant company since February 2, 2014, under an open-ended contract with a basic monthly salary of Dh35,937 and a total package of Dh95,630, filed a labour claim after she was terminated on October 23, 2024, alleging wrongful dismissal. Her original claims included, unpaid wages amounting to Dh573,785, Compensation for arbitrary dismissal of Dh286,892, accrued leave amounting to Dh191,261, notice period pay of Dh95,630, gratuity of Dh324,330, moral and material damages of Dh500,000 and legal interest (12%) from the date of claim until full payment. The company filed a counterclaim, demanding that the employee return Dh1,338,833 allegedly received as salary during the 18-month period when she was purportedly absent without justification. Initial ruling by lower courts The Court of First Instance, in its ruling on March 10, 2025, granted the employee only a portion of her original claim, Dh103,665 (comprising leave and notice pay) and upheld the company's counterclaim, ordering the employee to return salary amounting to Dh1.33 million. The employee made and appeal of the case. However, the Court of Appeal upheld the lower court's decision on April 29, 2025. This prompted the employee to file a final appeal to the Court of Cassation. Court of Cassation's findings The Court of Cassation found serious errors in how the lower courts conducted the hearing and the ruling. The top court said that the lower courts failed to evaluate key evidence, including an official certificate from the Department of Health proving the employee had accompanied a patient abroad under a government-sponsored medical leave. The top court also said that the the lower courts failed to recognise the absence of any formal investigation by the employer regarding her alleged unauthorised absence. The lower courts also did not address the fact that the employer continued to pay salaries throughout the 18-month period without objection, which the Apex Court interpreted as implicit approval of her leave. The Court of First Instance and the Court of Appeal failed to consider the employee's good faith, as she had communicated her leave formally and provided documentation before she went on leave. The final ruling The court said that employees who receive salaries in 'good faith' under a company's own internal automatic payroll systems should not be penalised for administrative lapses if they had no role in causing the error. In its ruling on June 18, the court stated: 'The employer's claim was unsupported by evidence and lacked compliance with required legal procedures. The employee cannot be held accountable for an administrative failure she had no control over, especially after submitting valid documents and acting in good faith.' As a result, the court partially overturned the lower ruling, rejecting the company's demand for salary repayment (Dh1.33 million), and ordered the case to be closed in favour of the employee. The top court upheld the remaining parts of the lower court's ruling, including payment of Dh33,536 for unused leave and Dh70,129 as notice period pay. In total, Dh103,665 was awarded to her from the original judgement. The Court of Cassation ordered the employer to pay court fees, including Dh1,000 in attorney fees, to the employee. The employee will also be refunded the appeal deposit.
CTV News
4 days ago
- Business
- CTV News
Union adjusts proposal in hotel strike
Workers strike in front of Windsor's Best Western Plus hotel on Riverside Drive West in Windsor, Ont. on June 3, 2025. (Michelle Maluske/CTV News Windsor) Unifor Local 195 is waiting for a response from Ironwood Management Corporation, the official management company for Best Western Plus Waterfront Hotel in Windsor. Local 195 President Emile Nabbout said the union met with the company on July 16 and presented a new, adjusted proposal. He said the company asked for some clarification and the union replied. Nabbout said since then, the union has not heard back from the company and is now waiting on a response and a counter proposal. 'The company has replied with an additional clarification on our proposal and we at this point waiting for the company to give us a proposal back and counter to our proposal and hopefully both parties can figure out a way to end this labour dispute,' said Nabbout. He said he's not sure why the company has not responded to the union's latest proposal. 'Normally when there's a labour dispute, this should be pretty quick,' he said. 'If there's a will to end this labour dispute, this is very unusual at this time. We really can't give an explanation on behalf of the employer, but the union was asking the company to return back to the table and try to figure out the best way to resolve it.' 37 full and part-time workers have been on strike for close to two months. The workers hit the picket line on June 1 to back contract demands. In mid-June, the striking workers rejected the company's 'final offer', in a vote conducted by the Ontario Labour Relation Board. The workers voted 90 per cent against the offer. The employees on strike include those in guest services, housekeeping, and maintenance. The union said 'money' is a key issue in the labour dispute. - Written by Rob Hindi/AM800 News.
Khaleej Times
16-07-2025
- Business
- Khaleej Times
Dubai: Employee wins Dh336,000 end-of-service compensation
An employee in Dubai has won Dh336,000 in end-of-service benefits after a lengthy dispute with the employer. The employee had filed a complaint to the Ministry of Human Resources and Emiratisation after the two parties failed to settle the issue amicably. The claimant started work in the organisation in July 1996 and was under an indefinite contract until May 2023, marking a service period of nearly 27 years. A pivotal factor in the court's decision was an expert report that confirmed the claimant's employment timeline and final salary of Dh14,000. Based on this, the court applied Article 51 of Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations to determine the end-of-service gratuity. The court followed the legal formula: 21 days' wages for each of the first five years and 30 days' pay for each subsequent year, capped at a total of two years' wages. Stay up to date with the latest news. Follow KT on WhatsApp Channels. The court also clarified that any waiver or settlement of end-of-service benefits made before the end of the employment relationship is void. This rendered previously claimed payments by the employer invalid, contributing to the total award. "This decision reaffirms a fundamental principle of UAE labour law — employees cannot be compelled to waive their end-of-service benefits before the employment relationship ends. Any such waiver or settlement is unenforceable. This protects employees' rights and ensures they receive their full statutory entitlements," said legal advisor Vishal Tinani, who led the case on behalf of the employee. While the claimant prevailed on the main issue, not all demands were granted. The court rejected a request for Dh4,000 for a return flight ticket, citing that the termination did not obligate the employer to bear this cost. Additionally, the court declined to award legal interest on the judgment sum, noting that interest typically applies to commercial, not employment disputes. The employer had filed a counterclaim, which was partially upheld. The court ordered the claimant to repay Dh100,000 based on an admitted loan. However, other elements of the counterclaim were dismissed. The employer's request to suspend the civil proceedings pending a criminal investigation into alleged forgery and breach of trust was also denied, with the court noting that the investigation remained in its preliminary stages. The court announced the verdict in November 2024. Tinani added that the ruling is seen as a milestone in the enforcement of end-of-service entitlements, particularly in cases involving long-term employment, and reinforces the UAE's commitment to upholding employee rights under its labour regulations.
The Independent
11-07-2025
- Politics
- The Independent
Major UK union suspends Angela Rayner's membership in dramatic move
Unite, a major union, suspended Angela Rayner 's membership and that of Birmingham council leader John Cotton and other councillors over the ongoing Birmingham bin strike. The suspensions stem from Unite's accusation that the Labour -run Birmingham council is effectively 'firing and re-hiring' workers, leading to potential pay cuts of up to £8,000 for bin workers. Allies of Angela Rayner stated she cannot be suspended as she resigned from Unite in April and cannot directly intervene in the local dispute. Talks to resolve the four-month-long strike broke down, with the council claiming it had reached its 'absolute limit' for a resolution. The dispute highlights a growing rift between the Labour Party and affiliated unions, with Unite's general secretary Sharon Graham criticising both Angela Rayner and the Labour council's actions.
Khaleej Times
11-07-2025
- Business
- Khaleej Times
UAE: Former employee who missed 13 years of annual leave awarded Dh59,000 compensation
The Court of Cassation in Abu Dhabi has ordered an employer to compensate a former employee for 13 years of unused annual leave. The case involved an employee who worked at the company from 2009 until his contract was terminated in June 2022. After leaving the organisation, the employee claimed he had never taken his entitled annual leave during his tenure and sought financial compensation. According to Habib Al Mulla and Partners, the employer failed to provide any documentation proving otherwise. As a result, the court awarded the employee Dh59,290 in compensation. Initially, in case number 2024/73, a lower court had ruled in favour of the employee but limited the compensation to a maximum of two years' worth of unused leave. However, the Court of Cassation overturned this decision and granted full compensation for the entire period. Dr Habib Al Mulla, founder of Habib Al Mulla and Partners, said in a statement on the social media platform X that this ruling sets a significant precedent in labour disputes related to unused leave in the UAE. He added that the ruling will have significant implications for employers concerning the management and recording of leave entitlements, the potential financial obligations arising from unpaid leave and practical steps for employers to review and update leave policies. The verdict was announced by the Cassation Court in December 2024. Navandeep Matta, Senior Associate at Kochhar & Co. Inc. Legal Consultants (Dubai Branch) described the decision as a landmark in UAE employment law. 'This ruling has sent shockwaves through the employment sector, as the court awarded compensation for 13 years of unused leave. It marks a turning point in how accrued leave is interpreted under UAE labour law,' he told Khaleej Times. Citing Article 29 of Federal Decree-Law No. 33 of 2021 and Cabinet Resolution No. 1 of 2022, Matta explained that employees are legally entitled to compensation for unused leave upon termination, including a limited portion of leave carried forward from previous years. 'In this case, the Court emphasised that it is the employer's legal responsibility to prove that the employee either took their leave or was compensated for it,' he added. 'The company's internal records showed only one vacation over a decade, with no evidence of payments in lieu of leave. Based on this, the court ruled in favour of the employee, using the final basic salary to calculate the owed compensation.' Matta further noted that the decision sends a strong message to employers about the importance of proper documentation. 'This judgment should serve as a wake-up call to HR departments and company leadership. Accurate leave tracking and timely settlement of entitlements are not just best practices — they are essential for compliance.' 'Ultimately, the judgment strikes a balance between legal entitlements and evidentiary fairness. Accrued rights cannot be ignored due to poor record-keeping. Employers must act proactively or risk being caught on the wrong side of the law,' he concluded.
