Abu Dhabi: Employee Gets Dh50,930 in Unpaid Wages and Return Flight

An Abu Dhabi employee has won a legal dispute against her employer, securing Dh50,930 in unpaid wages, along with the cost of a return flight ticket and an experience certificate, following a ruling by the Abu Dhabi Labour Court.

The employee had filed a case claiming her employer had failed to pay her salary for six months -- from 1 October 2024 to 5 April 2025 -- and sought compensation for unfair dismissal, lack of notice, unused annual leave, and repatriation expenses.

In response, the company lodged a counterclaim, demanding the return of Dh1,338,833 allegedly paid to the employee during an 18-month period when she was, according to the employer, absent without justification.

Initial verdicts

The Abu Dhabi Court of First Instance, in its ruling dated March 10, 2025, granted the employee only partial relief -- Dh103,665 in total, comprising compensation for unused leave and notice period -- and upheld the employer’s counterclaim, ordering her to repay Dh1.33 million in salary.

The Court of Appeal later affirmed the lower court’s decision on 29 April 2025, prompting the employee to escalate the case to the Court of Cassation.

The Court of Cassation identified critical flaws in the handling of the case by the lower courts. It noted that key evidence had been overlooked -- including an official certificate from the Department of Health confirming that the employee had accompanied a patient abroad on a government-approved medical leave.

The top court further observed that the employer had not conducted any formal investigation into the alleged unauthorised absence. Moreover, the company had continued to pay the employee’s salary throughout the entire 18-month period without raising any objection, which the court interpreted as implicit approval of her absence.

The court also criticised the failure of the lower courts to recognise the employee's good faith, noting that she had formally communicated her leave plans and provided supporting documentation in advance.

Final Judgment

In its final ruling on 18 June, the Court of Cassation stated: "The employer’s claim lacked evidentiary support and failed to comply with legal procedures. An employee cannot be held liable for administrative errors beyond her control, particularly when she acted in good faith and submitted valid documentation."

Accordingly, the apex court rejected the employer’s claim for the recovery of Dh1.33 million and ruled in favour of the employee. It ordered the case to be closed and partially overturned the earlier rulings. However, it upheld the initial compensation of Dh103,665 -- comprising Dh33,536 for unused leave and Dh70,129 as notice pay. The employer was also directed to cover court fees and pay Dh1,000 in legal costs to the employee. Additionally, the appeal deposit is to be refunded to the claimant.

 For any enquiries please fill out this form, or contact info@thelawreporters.com  Follow  The Law Reporters on WhatsApp Channels