Employee Convicted of Financial Misconduct, Ordered to Repay Dh1M

The Abu Dhabi Court of Cassation has upheld a ruling against a former employee found guilty of financial misconduct and abuse of power of attorney, ordering him to repay more than Dh1 million.

 

The case was initiated after an employer filed a lawsuit against the former employee and another individual, alleging that the employee had wrongfully issued two cheques totalling Dh1,049,600 to the second defendant. The employer argued that the funds were withdrawn from the company’s account without any valid contractual basis or purchase order. In addition, the employer sought Dh500,000 in compensation for damages.

 

The Court of First Instance partly ruled in favour of the employer, ordering the two defendants to jointly repay the full amount misappropriated, along with Dh200,000 in compensation for material and moral damages.

 

The defendants appealed, but the Court of Appeal upheld the ruling. They then escalated the case to the Court of Cassation, arguing that the judgment was flawed because:

 

• The decision relied on a police report, which they claimed was not conclusive evidence.

• The expert report was allegedly incomplete and contradictory.

• Invoices proving partial payments were ignored by the court.

• The Public Prosecution had not filed criminal charges against them.

 

Court of Cassation’s Decision

On September 3, the Court of Cassation dismissed these arguments, stating that lower courts have wide discretion in evaluating evidence. The judges noted that the expert report clearly showed the cheques were issued without any binding contract or purchase order. Moreover, the invoices submitted by the appellants contained discrepancies and unauthorised handwritten changes.

 

The court also highlighted contradictions in the appellant’s own statements -- at times denying the cheques were received, while elsewhere admitting to transactions connected to them.

 

Finding the defence unconvincing, the Court of Cassation rejected the appeal and confirmed that both defendants remain jointly liable for the repayment of Dh1,049,600 and compensation already awarded.

 

The appellant was additionally ordered to bear court fees, expenses, and Dh1,000 in legal costs.

 

 

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