Transferring the salary to the bank account despite the absence from work

An administrative error caused an employee whose services were terminated to receive her monthly salary for a whole year, as the employer continued to transfer the salary to the employee’s bank account, while the Abu Dhabi Court for Family and Civil and Administrative Claims ruled to obligate the defendant employee to pay the plaintiff company an amount of 52,415 dirhams.

In the details, a company filed a lawsuit against a former employee of it, requesting that the defendant be obligated to pay her 52 thousand and 415 dirhams and oblige her to pay her an amount of 30,000 dirhams as material and moral compensation with obligating her to pay fees and expenses and in return for attorney's fees, noting that the defendant was She works for her, and on July 29, 2020, her services were terminated for lack of medical fitness, but after this date, the salary was transferred to the defendant by mistake from the human resources department of the plaintiff, and it was discovered accidentally after 12 months, until she reached the amount of the claim, and despite the attempt to recover the amount, only She did not obtain it, while the defendant submitted a reply memorandum in which she argued that the court had no jurisdiction.

For its part, the court, in the merits of its ruling, rejected the defendant’s plea that the court had no jurisdiction to hold the jurisdiction of the labor court, noting that the plaintiff had instituted her present claim in accordance with the general rules and not in accordance with the labor law, and therefore this plea is unfounded and the court decides to reject it.

The court confirmed in the subject matter of the case, that the decision according to the Law of Evidence in Civil and Commercial Transactions is that the plaintiff must prove his right and the defendant has the right to deny it, and no one is justified to take another person’s money without a legitimate reason. In his report, which the court assured him of the soundness of the foundations on which that report was built and for its issuance by a specialist, the amounts that were transferred to the defendant after the end of her period of work with the plaintiff are 52,415.95 dirhams. Therefore, the court orders the defendant to return this amount to the plaintiff, which is the total transferred salaries From the plaintiff from September 2020 until September 2021 to the defendant in error after the expiry of her tenure.

The court also rejected the plaintiff’s request to obligate the defendant to pay her a compensation of 30 thousand dirhams, noting that what is proven in the papers is that the plaintiff has based her claim on the fact that her human resources continued by mistake to transfer the defendant’s salary despite the end of her work with the plaintiff, and then The court concludes that the plaintiff’s mistake is the fault of the defendant and then decides to reject this request. The court ordered the defendant to return to the plaintiff an amount of 52 thousand 415 dirhams and 95 fils, and obligated the plaintiff to pay 30% of the fees and expenses and obligated the defendant to pay the remaining fees and expenses.