Court Orders Nanny To Pay Dh10,000 Over Assault Of Three-Year-Old Boy

A nanny convicted of assaulting a three-year-old boy in her care has been ordered by an Abu Dhabi court to pay Dh10,000 in compensation to the child’s mother.

 

The nanny had earlier been sentenced to one month in jail, with the sentence suspended, and fined Dh3,000 after being convicted of endangering the child’s physical safety.

 

The assault left the boy with multiple scratches across his chest and below his jaw, according to a medical report submitted during the criminal proceedings and later relied upon in the compensation case.

 

Following the final criminal judgement, the boy’s mother filed a civil claim seeking Dh25,000 in compensation for the material and moral harm suffered by her and her son.

 

Criminal Conviction

 

The mother told the Abu Dhabi Family, Civil and Administrative Claims Court that she had entrusted the nanny with the child’s care and protection while she was away. Instead, she said, the defendant had physically assaulted the boy and breached the responsibility placed in her.

 

The nanny denied that she had been responsible for caring for the child, claiming that she had been employed only as a driver. She also argued that the proceedings had been brought maliciously amid a dispute over unpaid wages and other contractual matters.

 

She asked the civil court to reject the compensation claim, maintaining that the allegations arose from the employment dispute rather than any assault.

 

The court rejected the defence, finding that the issue of whether the assault had occurred had already been conclusively determined by the Abu Dhabi criminal court.

 

The judges said the final criminal conviction could not be challenged or reconsidered in the subsequent civil proceedings. The unlawful act forming the basis of the compensation claim was the same offence for which the nanny had already been convicted.

 

As a result, her denial of responsibility could not alter the legal position established by the final criminal judgement.

 

Compensation Award

 

In assessing the compensation, the court considered the injuries documented in the medical report as well as the medical expenses resulting from the assault.

 

The judges also took into account the emotional distress suffered by the child and his mother following the incident. The court found that the assault had caused pain and distress and undermined the trust placed in the person responsible for the child’s safety.

 

The court therefore ordered the nanny to pay Dh10,000 to the mother as compensation for material and moral damages, in addition to court fees and legal expenses.

 

The award will carry annual interest of 4% from the date the civil judgement becomes final until full payment, provided that the accumulated interest does not exceed the principal amount awarded.