The Dubai Civil Court of Appeal rejected an appeal filed by a former sales manager against a preliminary ruling that fined him 1,389,788 dirhams after being criminally convicted of two charges of embezzlement and disclosing the secrets of two sister companies he worked for to competitors in exchange for commissions, and the two companies resorted to the civil judiciary to compensate them for the heavy damages they sustained The Court of First Instance ruled in their favour.
In detail, a foodstuff company filed a civil lawsuit against a former sales manager demanding that he compel him to compensate her in the amount of two million and 136 thousand dirhams with a legal interest of 9% from the date of the final ruling, on the basis of saying that the accused was working for her in addition to another sister company in the field of Trading in foodstuffs, beverages, vegetables and fruits, and by virtue of his position he was responsible for communicating with “buyers” customers to supply products to them and goods deferred payment according to the credit limit of these customers, and to ensure that they paid the value of the goods for the benefit of the company.
The company stated in the case papers that the accused took advantage of the trust granted to him and seized 31,342 dirhams of the company's funds for himself, and disclosed its secrets for the benefit of a number of competing companies in a way that proves his bad faith, inflicting severe damages on them.
She indicated that she submitted a criminal complaint when she discovered the financial and administrative violations he had committed, and he was criminally tried, convicted and fined 5,000 dirhams for the embezzlement offense and obligated to return the embezzled amount, in addition to a fine of 20,000 dirhams for the crime of disclosing secrets.
The accused appealed against the verdict before the Court of Appeal, but it upheld his conviction, so he appealed to the Court of Cassation, which overturned the verdict and returned it before another court, which in turn ended in his conviction. He continued the appeal, but the conviction became final after looking at the three stages of litigation.
Based on the criminal judgment convicting him, the company decided to sue him civilly, and submitted documents proving that the accused abused his position by signing six credit contracts alone without taking the necessary guarantees, costing the two companies an amount of 758,000 dirhams, and missing them profits of 450 thousand dirhams for converting 14 of its clients to a competing company, committing Thus, the charge of disclosing company secrets,
In addition to receiving undue salaries unjustly, while working for a competing company, in addition to obligating the claimant company by the labor court to pay an amount of 246 thousand dirhams to him in the context of a labor dispute that was settled before the conviction of the accused in the criminal case, estimated at the value of The damages she sustained as a result of the defendant’s violations amounted to two million and 136 thousand dirhams.
After the case was considered by the first civil court, it concluded that the two plaintiffs were entitled to a compensation of one million and 389 thousand dirhams, in addition to an interest of 5% from the final judgment, based on the report of the accounting expertise.
For his part, the Director of Sales appealed the ruling to the Civil Court of Appeal, requesting its annulment on the grounds that the ruling violated the law, erred in its application, and was unfair.
After the appeal was formally accepted and considered, the Court of Appeal rejected its submission after the deadline and obligated the appellant to pay the appeal fees and expenses, in addition to attorneys' fees.
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