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29 March 2024

Staff injured on duty cannot be fired: Court

Published
By Mohammed Al Sadafy

An employee who suffers injury while on duty will be entitled to all official benefits while receiving treatment and remains off-duty.

The company has no right to terminate an employee deeming him unfit to work unless the medical report, at the end of treatment period, suggests so, ruled the Dubai Court of Cassation.

The court also clarified that documents from the country where the individuals receive treatment need not be ratified by official bodies there and can be accepted as evidence in UAE courts.

These legal principles were issued by the Court of Cassation, in a case file by an Egyptian engineer seeking Dh571,000 from the company he worked for. He calculated the amount based on his monthly salary of Dh15,000 under a fixed-term contract.
 
He allegedly suffered an injury while on duty and that required six months of medical treatment. With the company's approval he travelled to Egypt for surgery. On his return he approached Rashid Hospital, which issued a medical report that he suffered eight per cent disability.

But the company not only refused to pay his medical bills but also terminated him without paying him his dues.

The Court of First Instance ordered the company to pay him Dh186,000.

Unhappy with the verdict the engineer moved the Appeals Court, which further reduced the amount to Dh181,000.

Later, he approached the Court of Cassation, which in its ruling spelled out the above legal principles and rejected the appeal by the company. The court said, an employee's relationship with the employer continues even while receiving treatment.

The court also pointed out that the report from Rashid Hospital does not mention that the engineer cannot work.