Ruling in case where engineer's claims of academic qualifcations challenged
Any person presenting false identity or fake documents to get a job would lose his right to the end of service gratuity, according to a recent Federal Supreme court order.
However, the law would be applicable only if the employer proves it in court that the document and identity presented by the employee are fake or false.
The ruling came during a recent case in which a computer engineer who was dismissed by his employer for allegedly failing to provide the certificates of the qualifications he claimed to possess.
The case was filed by the engineer seeking Dh222,000 in unpaid dues from his employer, which included compensation for unfair dismissal, leave allowance, end of service benefits as well as air ticket.
According to the lawsuit filed by the plaintiff, the employee joined the company for mutually agreed upon monthly salary of Dh27,000 and he was terminated from services after nearly a year in the company."
The Court of First Instance issued a judgment asking the company to pay the employee only Dh25,000 against his claim of Dh222,000, he appealed in the Court of Appeal.
The court of appeal ordered the employer to pay the plaintiff Dh41,000, including the end of service benefit, but the employer challenged the ruling in the court of cassation.
The company based its appeal on the eligibility of worker for the end of service gratuity, claiming that the biodata provided by the employee included that he is expert in the computer hardware, large professionals networks, system management and coordination of technology.
The academic qualifications mentioned in his resume included Bachelor of Computer Engineering and Communications from the University of the Australian in Beirut, and according to the employer he failed to submit a document certifying his claim.
However, the Court of Cassation rejected the appeal and upheld the Court of Appeal's verdict.
The Court confirmed that the worker wasn't eligible for the dues of unfair dismissal because the company dismissed him for failing to offer his qualifications Certificates, which according to the court the company had the right to do.
However, the Court rejected the request of the company to deprive the employee from the end of service benefits on the basis of articles 120 and 139 of the Labor Code, which were depriving the worker from the end of service gratuity in the event of committing any of the previous two violations.
The Court's rejection of the company's request was based on the fact that failure of the worker to provide his Education certificates does not mean that he is impersonating fake identity and does not mean he is not qualified for the job.
© Emirates 24|7 2011
