(MENAFN- Khaleej Times)

The Abu Dhabi Court of Cassation has upheld a Court of Appeal ruling in a labour dispute between a medical professional and her former employer, a medical centre in Abu Dhabi, confirming the final financial outcome in the employee's favour.

According to the case papers, the employee served in a medical position at the centre and filed Labour Case No. 113/2025 (Simple) before the Abu Dhabi Court for outstanding dues.

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She claimed delayed wages of Dh30,000, a vacation allowance of Dh72,500, an end-of-service gratuity of Dh95,000, and other benefits, including cancellation of her medical licence and a certificate of experience. She joined under a fixed-term contract on October 24, 2022, with a total salary of Dh150,000, comprising a basic salary of Dh75,000 plus a 20 percent commission. She worked until February 25, 2025, after resigning on December 26, 2024, citing the employer's breach of contract.

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The medical centre filed a counterclaim (Case No. 147/2025, Simple Labour, Abu Dhabi), seeking Dh150,000 as notice allowance and Dh300,000 for damages allegedly caused by the employee's professional shortcomings. The court later joined both cases because they involved the same parties and subject matter, and heard them together.

First instance and appeal proceedings

Subsequently, on April 28, 2025, the Court of First Instance ruled in favour of the employee, ordering the medical centre to pay her a total of Dh392,708, including Dh30,000 in delayed wages, Dh72,500 in vacation allowance, Dh100,000 in notice allowance, and Dh114,759 in end-of-service gratuity. The court also ordered the employer to issue her a certificate of experience and rejected other claims. Meanwhile, in the counterclaim, the court ordered the employee to pay Dh150,000 to the medical centre as notice allowance for not serving the full notice period.

Both parties appealed this ruling. The Court of Appeal appointed a panel of experts to reassess the claims and review the financial and professional records submitted. After studying the expert report and the objections from both sides, the Abu Dhabi Court of Appeal ruled on August 27, 2025, to amend the earlier judgment. It ordered the medical centre to pay the employee Dh318,690. The court upheld all other aspects of the earlier decision, including the counterclaim requiring the employee to pay Dh150,000 to the medical centre as notice compensation. The employee's appeal was rejected.

Cassation ruling

The employee then filed a petition before the Abu Dhabi Court of Cassation. She argued that the expert report relied upon by the lower courts was defective. She claimed her commissions were miscalculated and that she was entitled to a higher notice and gratuity payment. However, the Court of Cassation found no merit in her claims.

The court ruled that the Court of Appeal had correctly applied the law. It found that the court had properly assessed the expert report and issued its decision based on sound reasoning. The Court of Cassation reiterated that the appellate court had full discretion to evaluate expert opinions. It found that the appellant's objections were disagreements with the court's assessment of evidence.

Consequently, the Court of Cassation dismissed the appeal in full. It ordered the appellant (the employee) to pay the court fees and expenses. This included Dh500 towards the respondent's (employer's) attorney's fees. The court also ordered the confiscation of the security deposit lodged for the cassation appeal.

Final outcome

With the Court of Cassation's decision, the judgment of the Court of Appeal is now final. The medical centre must pay the employee Dh318,690. The employee must pay the employer Dh150,000 in notice allowance. After offsetting these amounts, the employee will receive a net payment of Dh168,690.

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