An Employee In Abu Dhabi Was Compensated For 13 Years Of Unused Annual Leave

The Abu Dhabi Court of Cassation issued a significant ruling in a labour case this week, according to lawyer and writer Dr Habib Al Mulla’s post on X.

An employee in the UAE had not taken off from work for 13 years!

In Labour Case No. 2024/73, the Court of Cassation ruled in favour of the employee, awarding him compensation for all these years of unused annual leave.

 

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The lower courts had previously awarded him a maximum of two years of unused annual leave

The latest ruling, however, sets an important precedent in labour disputes related to unused leaves in the UAE. The verdict is said to have significant implications regarding three things:

  • The implications for employers concerning the management and recording of leave entitlements
  • The potential financial obligations arising from unpaid leave
  • Practical steps for employers to review and update leave policies

Dr Habib Al Mulla’s post met with important questions from users on X

One user asked, “Will this case and this ruling be considered the final reference in the event of litigation on the same issue later?” Dr Habib replied with, “Yes. At least in the Emirate of Abu Dhabi.” Another inquired, “Is there a legal text that indicates or refers to considering the consequences of an action that is not subject to the statute of limitations in general? Because, as I understand it, this is a specific case. But do we need to establish an explicit legal provision, or does it depend on judicial discretion, for example?” The lawyer replied with, “This is a principle, not a situation.”

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