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Waleed Al-Helo

Waleed Al-Helo

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الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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I have a labour case in abubdhabi, where first...

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I have a labour case in abubdhabi, where first judgement is passed of 220k to pay. But on last day of timeline my employer has put an appeal just to delay the payment. I also have counter appeal. Can my first judgement amount be reduced or can it chance of increase too ?

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Please kindly be informed that, according to the information provided to us in your inquiry, and with reference to the Federal Civil Procedures Law, in the event that a preliminary judicial ruling is issued, any of its parties has the right to appeal the ruling within the legal period. Therefore, if the appeal is submitted, the ruling will be evaluated in the event that the ruling is suspended in the event of the execution of the ruling. The appeal, therefore, if you file the appeal as an appellant of the judgment with a counter-appeal, here is the legal rule that the appellant is not harmed by his appeal, meaning  The ruling remains as it is if it is modified by an increase. However, with a counter-appeal, the two appeals are combined in one appeal and considered together, and here it is in the power of the appeal court in the counter-appeal to amend the judgment by increase or decrease, according to an audit of the case file and after reviewing the reasons for the judgment because of its discretion in that.

الرد من العميل

Thank you. With your experience how Likly first court judgement amount could be revised ? Also can the employer make 2nd appeal as well. Will there be interest % on first judgement amount, as I know my employer is only delaying the process.

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear Court of Appeal, it is the decision-maker, and it has the power to amend the judgment, so it supports the judgment, and it may change it based on the counter-appeal, but the appeal submitted by you is not problematic in any case. Primary

الرد من العميل

I completely understand it will be in hand of court of appeal judgement. I am requesting your thought based on your experience - how likely second court amend the decision of first court- can the employer make 2nd appeal post first apeal judgement too- will court of appeal may consider interest % on first judgement for the month delay has be caused. Appreciate your advice based on your ample experience. Thanks Sandeep

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear, the appeal is submitted once only and not submitted twice. Therefore, if the court decides and decides on the appeal, it may not be re-submitted again. This is on one side and on the other hand, the Court of Appeal is tasked with reviewing the judgment issued by the Court of First Instance only, and it is not permissible to scrutinize any new demands therein.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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