Dubai Court ruling re gratuity payments
Jun 28th 2011, 2:13 pm
#17
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Jun 28th 2011, 4:59 pm
#18
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Re: Dubai Court ruling re gratuity payments
I thought from the ruling in court, it had changed, very confused now
Jun 29th 2011, 6:04 am
#19
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Re: Dubai Court ruling re gratuity payments
If you read the post and subsequent comments you will see that this is a specific case, the outcome of a court case. I can't see Labour Law changing as it would cost companies so much money. Nevertheless, it's a first and could lead to other cases of a similar nature.
Jun 29th 2011, 7:21 am
#20
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Re: Dubai Court ruling re gratuity payments
As per Meow's comment, the law hasn't changed. There is a fundamental difference between codified systems of law (as here) and common law systems (as in the UK). One of the functions of the courts in the UK is to interpret legislation; the application of precedent (ie lower courts are bound by decisions of higher courts) leads to legislation being interpreted in a relatively uniform manner.
Courts in the UAE will make decisions on specific facts (as in the present case), but there is no requirement for any other courts in the UAE to follow that decision in cases with similar facts.
As I stated previously, those decisions can be presented as persuasive evidence, but nothing more (and although the UAE Labour Law is federal, ie it applies to all emirates, the decision of a Dubai court may have little or no persuasive clout in the court of another emirate): the judges are not bound to follow those decisions.
That'll be AED 5k, please (or two crates of brown ale)
Courts in the UAE will make decisions on specific facts (as in the present case), but there is no requirement for any other courts in the UAE to follow that decision in cases with similar facts.
As I stated previously, those decisions can be presented as persuasive evidence, but nothing more (and although the UAE Labour Law is federal, ie it applies to all emirates, the decision of a Dubai court may have little or no persuasive clout in the court of another emirate): the judges are not bound to follow those decisions.
That'll be AED 5k, please (or two crates of brown ale)
