An employee in a company applied for the settlement of his financial entitlements for a period of 7 years, and a full settlement agreement was signed, according to which he obtained an amount of 274 thousand and 312 dirhams, but after that he filed a labor lawsuit and was awarded an amount of 251 thousand and 900 dirhams as end-of-service benefits for his period of work. He prompted the company to file a lawsuit to recover the amount of the settlement agreement, and the Abu Dhabi Court for Family and Civil and Administrative Claims ruled to obligate the defendant to return the amount to the plaintiff company.
In the details, a company filed a lawsuit against a former employee of it, demanding that he pay her an amount of 274 thousand and 312 dirhams, in addition to obligating him to pay fees and expenses and in return for attorney’s fees, noting that the defendant had been working for the plaintiff for 7 years, and the defendant requested his financial dues. The signing of a full and final settlement agreement, and based on this settlement, an amount of 274,312 dirhams was transferred to the defendant’s account as end-of-service benefits. However, he filed a lawsuit claiming his labor entitlements, turning away from what he had previously received, which prompted her to file a lawsuit to recover the settlement amount.
She supported her claim with copies of the labor lawsuit, a copy of the full and final settlement, a letter of issuance of end-of-service benefits, and a certificate from a bank stating that the amount of the claim was transferred to the defendant's account, while the defendant did not attend and his announcement was found.
For its part, the court clarified in the merits of its ruling that in accordance with the legal decision in the text of Article 304 of the Civil Transactions Law, whoever earns money from others without a profitable act must return it if it exists and its equivalent or its value if it does not exist, noting that the evidence is in the papers and through a complete settlement Final and final, as well as a letter of issuance of end-of-service benefits and a certificate from one of the operating banks stating that the defendant received an amount of 274 thousand and 312 dirhams as end-of-service benefits by depositing it in his Mashreq bank account. During his work with the plaintiff after the set-off was made and the amount was deposited by the plaintiff in the implementation of the judgments, what is with the plaintiff’s request to the judiciary to recover what she paid in the framework of the settlement agreement is based on a factual basis and the law, and the court ruled to oblige the defendant to pay the plaintiff an amount of 274 thousand and 312 Dirhams and obligating him to pay fees and expenses.