إسأل Lawyer الآن
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
Lawyer
Hi sir I just want to know about that , I had one...
Hi sir I just want to know about that , I had one labour court case and judgement in my favor . Total amount below 20k . Employer can appeal or not because amount is below 20k
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Dubai
Lawyer's Assistant: Has anything been filed or reported?
No
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
Ok
إطرح سؤالك
إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
We would like to inform you that if your inquiry relates to know whether the employer has the right to appeal against the judgment issued in your favor with the amount of less than 20 thousand dirhams by appeal or not, the following information are important:
The judgment issued by the magistrates' courts is final and may not be appealed if the judgment is issued in the amount of less than 20 thousand dirhams.
There is an exception to this provision, however, that this judgment can be appealed by appeal in some cases:
If the reason for the appeal is due to a violation of the rules of jurisdiction relating to public order.
2. The invalidity of the judgment
3. Invalidity in the proceedings affected the judgment.
4. If the judgment is issued in contradiction to a previous judgment that did not authorize the validity of the matter.
Here are the texts of the UAE Civil Procedure Law related to your inquiry:
Article 30:
1. The minor circuits formed by a single judge shall issue first instance judgments in the following matters:
a) The civil, commercial and labour actions whose value does not exceed AED 500,000 and counterclaims whatever was their value;
b) Personal status actions, actions for division of common property and the actions related to the claim and specification of wages and salaries whatever was their value.
In all cases, the minor circuits’ judgments shall be final if the lawsuit’s value does not exceed AED 20,000.
2. The major circuits formed of three judges shall have jurisdiction over the following:
a) Deciding upon all civil, commercial and labour actions which do not fall within the jurisdiction of the minor circuits;
b) Administrative and real estate actions, whether original or accessory, whatever was their value;
c) Deciding upon temporary or summary claims and all other counterclaims as well as the claims related to the original request, whatever was their value or type;
d) Bankruptcy and preventive composition lawsuits;
e) Lawsuits that fall within their jurisdiction as per the law.
Article 158:
It shall be possible to appeal the decisions issued within the framework of the final quorum from the court of first degree because of the breaching the jurisdiction rules related to the public order or because of the occurrence of an invalidity in the decision or an invalidity in the procedures which has affected the decision.
It is possible also to appeal all the decisions within the framework of the final quorum if the decision has been issued with a breach to a preceding decision which hasn't allowed the power of the order decided, and in such circumstance, the preceding decision shall be considered appealed by the power of the law if it hasn't become final when the appeal was prosecuted.
The appellant, in such cases, when he submits the appeal, should deposit in the safe of the appellate court, a mortgage of two thousand Dirham, and it shall be sufficient to deposit one mortgage when there is a multiplicity of appellants if they have appealed with one pleading even if the appeal reasons were different.
The case management office shall not accept the appeal brief if it were not attached with what proves such deposit and the mortgage shall be confiscated by the power of the law if the illegality of the appeal has been decided.
The judgment issued by the magistrates' courts is final and may not be appealed if the judgment is issued in the amount of less than 20 thousand dirhams.
There is an exception to this provision, however, that this judgment can be appealed by appeal in some cases:
If the reason for the appeal is due to a violation of the rules of jurisdiction relating to public order.
2. The invalidity of the judgment
3. Invalidity in the proceedings affected the judgment.
4. If the judgment is issued in contradiction to a previous judgment that did not authorize the validity of the matter.
Here are the texts of the UAE Civil Procedure Law related to your inquiry:
Article 30:
1. The minor circuits formed by a single judge shall issue first instance judgments in the following matters:
a) The civil, commercial and labour actions whose value does not exceed AED 500,000 and counterclaims whatever was their value;
b) Personal status actions, actions for division of common property and the actions related to the claim and specification of wages and salaries whatever was their value.
In all cases, the minor circuits’ judgments shall be final if the lawsuit’s value does not exceed AED 20,000.
2. The major circuits formed of three judges shall have jurisdiction over the following:
a) Deciding upon all civil, commercial and labour actions which do not fall within the jurisdiction of the minor circuits;
b) Administrative and real estate actions, whether original or accessory, whatever was their value;
c) Deciding upon temporary or summary claims and all other counterclaims as well as the claims related to the original request, whatever was their value or type;
d) Bankruptcy and preventive composition lawsuits;
e) Lawsuits that fall within their jurisdiction as per the law.
Article 158:
It shall be possible to appeal the decisions issued within the framework of the final quorum from the court of first degree because of the breaching the jurisdiction rules related to the public order or because of the occurrence of an invalidity in the decision or an invalidity in the procedures which has affected the decision.
It is possible also to appeal all the decisions within the framework of the final quorum if the decision has been issued with a breach to a preceding decision which hasn't allowed the power of the order decided, and in such circumstance, the preceding decision shall be considered appealed by the power of the law if it hasn't become final when the appeal was prosecuted.
The appellant, in such cases, when he submits the appeal, should deposit in the safe of the appellate court, a mortgage of two thousand Dirham, and it shall be sufficient to deposit one mortgage when there is a multiplicity of appellants if they have appealed with one pleading even if the appeal reasons were different.
The case management office shall not accept the appeal brief if it were not attached with what proves such deposit and the mortgage shall be confiscated by the power of the law if the illegality of the appeal has been decided.
إسأل Lawyer
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
- 100% ضمان الرضا
- انضم الى 8 مليون من العملاء الراضين
المحادثات تتم ضمن هذه البنود