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How can I appeal a labor case judgment if I have a new evidence and the claim is less than AED 50,000?

I recently lost a labor case in the Dubai Court with a claim value under AED 50,000.

I understand there might be limited appeal options for such cases, but I'm unsure if they apply. Alternatively, seeking reconsideration from the court seems like a possibility.

An attorney's guidance on the most appropriate course of action for my situation would be greatly appreciated. I do have new evidence not submitted before if it helps with which path to pick.

Thank you

متميز
ليكس ريسولفو للاستشارات
دردشة توظيف
اجتماع
12 Jun 2024, 06:24

You can share with us the first instance judgment in addition to your employment contract.

We can then advise you accordingly whether you should appeal or not and what your possibility of winning the appeal is, plus one-hour session to answer any of your concerns.

متميز
الفهد للاستشارات القانونية
دردشة توظيف
اجتماع
12 Jun 2024, 06:40

Dear Questioner,

Thanks for your inquiry.

Regarding the above, we would like to inform you that, in the UAE, there are limited appeal options for labor cases with a claim value under AED 50,000.

If the case was heard in the Court of First Instance, you can file an appeal with the Court of Appeal within 15 days from the date of the judgment.

However, if the case was heard in the Court of Appeal, you can file a cassation appeal with the Court of Cassation within 30 days from the date of the judgment.

In your case, since the claim value is under AED 50,000, it is likely that the case was heard in the Court of First Instance.

If you wish to file an appeal, you must do so within 15 days from the date of the judgment. It is important to note that the appeal must be based on legal grounds, such as incorrect application of the law or procedural errors.

Alternatively, you can also request reconsideration from the court within 30 days from the date of the judgment.

This means that you can submit new evidence or arguments to the court and request them to reconsider their decision.

However, this option is only available if you have new evidence that was not submitted during the trial.

It is recommended that you seek the advice of us as a lawyer who is familiar with labor laws in the UAE to guide you on the best course of action for your specific case.

We will be able to review your case and advise you on the most appropriate option to pursue. Kindly do not hesitate to contact us by phone or email for further guidance.

Greetings

متميز
مركز لندن للاستشارات القانونية
دردشة توظيف
اجتماع
12 Jun 2024, 06:41

Greetings.

You can send the judgment issued against you on WhatsApp, the employment contract, and related papers.

In fact, cases with claims exceeding 50 thousand dirhams can be appealed, and we are ready to file the appeal on your behalf.

For further inquiries about your topic, you can reach our office or contact us on WhatsApp.

متميز
كي إتش إي للاستشارات القانونية
دردشة توظيف
اجتماع
12 Jun 2024, 07:27

Yes. There are slight possibilities that allow exceptional cases for reconsideration. For that, you have to evaluate the validity of the evidence.

It's better to take legal opinion before moving forward. We will discuss all the possibilities in detail. Kindly share your WhatsApp number to proceed.

متميز
هند حميد النعيمي للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
13 Jun 2024, 08:26

Dear Questioner,

In Dubai, labor disputes are governed by the UAE Labor Law, which provides a framework for resolving conflicts between employers and employees.

When a labor case is brought before the Dubai Courts, it is essential to understand the legal options available for appealing a decision or seeking reconsideration.

- Appeal Options for Labor Cases in Dubai:

In the UAE legal system, there are limited grounds for appealing a court decision.

Generally, appeals are allowed on points of law rather than fact. If you believe that there was an error in the application of the law during your case, you may have grounds for an appeal.

However, it is crucial to note that appeals must be filed within a specific timeframe after the initial judgment.

Given that your claim value is under AED 50,000, it is important to consider whether the cost and time involved in pursuing an appeal are justified by the potential outcome.

Appeals can be complex and may require legal representation to navigate effectively.

- Reconsideration from the Court:

Alternatively, seeking reconsideration from the court where your case was heard could be a viable option.

Reconsideration typically involves presenting new evidence or arguments that were not previously considered during the initial proceedings.

In your case, if you have new evidence that could potentially impact the outcome of your case, requesting reconsideration may be worth exploring.

- Consulting with an Attorney:

Given the complexity of legal proceedings in Dubai and the nuances of labor law, it is highly advisable to seek personal guidance from a qualified attorney who specializes in labor disputes.

An experienced attorney can assess your case, review any new evidence you have, and provide expert advice on the most appropriate course of action.

In conclusion, when faced with an unfavorable labor court decision in Dubai with a claim value under AED 50,000, you have limited appeal options based on points of law.

Alternatively, seeking reconsideration from the court with new evidence may be a viable strategy. Consulting with a knowledgeable attorney will help you navigate these options effectively and make an informed decision on how to proceed.

17 Jun 2024, 19:31

How do I apply for reconsideration?

19 Jun 2024, 05:17

To apply for a reconsideration from the court, you must typically follow these steps:

1. Prepare a motion:

Write a motion explaining why you believe the court should reconsider its previous decision. Make sure to include any new evidence or arguments that support your request for reconsideration.

2. File the motion:

File the motion with the court where the original decision was made. Follow the court's specific rules and procedures for filing motions, including any deadlines that may apply.

3. Serve the motion:

Serve a copy of the motion to all parties involved in the case. This ensures that everyone has an opportunity to respond to your request for reconsideration.

4. Attend a hearing (if required):

Some courts may require a hearing to discuss the motion for reconsideration. Be prepared to present your arguments and answer any questions from the judge.

5. Wait for a decision:

The court will review your motion and any responses from the other parties before making a decision on whether to grant or deny your request for reconsideration.

It's important to note that the rules and procedures for requesting reconsideration may vary depending on the jurisdiction and type of case.

It may be helpful to consult personally with a legal professional to ensure you are following the correct process and presenting your arguments effectively.

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