Obliging a company to refund the fees for recruiting a female driver

The Al Ain Court of Appeal upheld a ruling by the Court of First Instance that ordered a labor company to pay a customer 12,<> dirhams that he had paid for bringing a female driver to work for him, and it turned out that she did not have a UAE driving license.

The court ruled the appeal inadmissible.

In the details, a man filed a lawsuit against a labor recruitment company, in which he asked to oblige her to pay him an amount of 12,12 dirhams, noting that he agreed with the defendant to bring a private driver to work for him for a fee of <>,<> dirhams, and the latter actually provided the driver, and he paid the agreed amount to her. However, he later discovered that the driver had a driver's license from her country only, and the defendant asked him to bear the costs of obtaining her Emirati license, but he refused, and filed a lawsuit to claim a refund of the amount paid to her.

The plaintiff submitted, in support of his claim, a copy of the agreement stating that the defendant had received from the plaintiff the value of the claim.

The Court of First Instance ordered the defendant to pay the plaintiff an amount of 12,<> dirhams, and the judgment was not accepted by the defendant, so she appealed against it.

For its part, the court explained in the reasons for its judgment that «the final quorum of the District Court is determined in the amount of 50 thousand dirhams, according to the text of Article 29/1 b of Federal Decree Law No. 42 of 2022 promulgating the Civil Procedures Law», noting that «it is established from the case papers that the appealed judgment of appeal has been issued final because the amount claimed in its final applications is less than the quorum, and does not exceed 50 thousand dirhams. In view of the value of the present case, and in the absence of any violation of the rules of jurisdiction relating to public order or the occurrence of nullity in the judgment or in the proceedings that affected the judgment, and on the basis of the Code of Civil Procedure, the appellant was obliged in these cases to deposit in the treasury of the Court of Appeal - upon filing the appeal - a security deposit of 2000,<> dirhams under penalty of inadmissibility. Considering that the final application of the plaintiff is less than the quorum, and accordingly, and in the face of non-payment of the security deposit, the court considers that the appeal is inadmissible."