Ihab Al-Rifai (Al Ain)
A data entry employee went directly to the Al Ain Court of First Instance to claim his labor rights without filing a complaint with the Ministry of Labor. In his lawsuit, he requested that the court oblige the owner of the company he works for and the company’s manager to jointly and severally pay back salaries amounting to AED 32,000, a two-year leave allowance amounting to AED 7,000, an end-of-service gratuity amounting to AED 12,250, and compensation for moral and material damages amounting to AED 10,000, in addition to fees and expenses.
He explained that in 2019, he worked for the first defendant under an agreement concluded between him and the second defendant, as a partner and manager of the first defendant, with a monthly salary of 3,000 dirhams, and that an employment contract would be concluded for him with the first defendant. However, an employment contract was not concluded for him, and he continued to work for the first defendant. At the end of 2020, his salary was increased to 3,500 dirhams. Due to the failure of the two defendants to pay him his due salaries and the rest of his entitlements, he submitted his resignation at the end of 2023 without receiving it to date.
The Al Ain Primary Court ruled firstly: not to accept the lawsuit against the second defendant because it was filed by someone who has no standing and against someone who has no standing.
Second: The lawsuit was not accepted because it was filed in a manner other than that prescribed by law, and the plaintiff was obligated to pay the expenses.
The court confirmed in its ruling that the dispute should have been initially referred to the Ministry of Human Resources and Emiratisation in order to resolve the dispute amicably, and that the ministry should have decided to refer the complaint to the court after it was not possible to resolve the dispute before the ministry, and that the plaintiff did not follow the procedure stipulated in the law, by first submitting the dispute to the Ministry of Human Resources and Emiratisation, and then referring the dispute to the court, and the papers did not contain anything indicating that the complaint had been referred to the court, which requires the court to reject the lawsuit for filing it in a manner other than that prescribed by law.
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