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10 June 2023

Maid's escape fines labor company AED 31,000

By E247

A man filed a lawsuit against a labor recruitment company, demanding that it be ordered to repay AED 16,000 and compensate him for AED 50,000 in material and moral damages, as well as fees and expenses, and to include an immediate enforceable judgment without bail.

He had hired a maid through the defendant "labor assistance company", but she escaped during the warranty period. When the plaintiff demanded that the company repay the AED 16,000 recruitment fee, they refused without justification. The company was convicted in a criminal ruling for failing to provide a replacement worker and fined AED 10,000.

After the criminal ruling, the plaintiff went to the civil court to demand compensation. The defendant responded with a memorandum stating that a new defendant had been added to the lawsuit and that they were not responsible for the matter. The added defendant was responsible according to their agreement and commitment. The defendant requested the case be dismissed due to lack of evidence.

The court ruled that the new defendant could be added to the lawsuit and ordered the defendant and new defendant to pay the plaintiff AED 16,000, compensate him with AED 5,000, and pay fees and expenses, bringing the total amount they were required to pay to AED 31,000.

The court rejected all other requests and based its ruling on the validity of the criminal ruling against the defendant and new defendant.

In an appeal, the Court of Appeals in Al Ain clarified that the appealed ruling had been issued against the defendant and that the defendant had only filed an appeal after the deadline had passed, as evidenced by the record and payment receipt. Therefore, the defendant's right to appeal had expired.

The court ruled that the defendant had no right to appeal as it was filed outside the deadline and ordered them to pay the fees and expenses.