Recently, the Dubai Civil Court of First Instance rendered a decision requiring a support worker recruitment firm to pay 12,000 dirhams to the head of the family.
The reason for this decision was that a support worker had fled before the probationary term was up.
The plaintiff asserted that she had entered into a recruitment contract with the agency, paying them 12,600 dirhams in recruitment fees. The agreement stipulated a specific time for the worker’s arrival, and the plaintiff undertook the responsibility of arranging the worker’s work visa and residency. However, the worker absconded during the legally mandated probationary period without valid cause, prompting the plaintiff to report the incident to relevant authorities and lodge a complaint with the Ministry of Human Resources and Emiratisation.
Despite attempts at an amicable resolution, the defendant agency failed to respond or rectify the situation, leading the plaintiff to file a civil lawsuit seeking reimbursement of the recruitment fees. Supporting documents, including the contract, payment receipt, and official reports, were presented in court. In response, the defendant’s representative contested the plaintiff’s claim.
The court’s ruling emphasized the sanctity of contracts between parties, provided they are valid and free from defects. Citing Article 4 of Law No. 10 of 2017 regarding domestic service workers, the court held the agency responsible for covering the expenses of repatriating the absconded worker or providing a replacement without additional cost to the employer. Failure to comply allows the employer to opt for a refund of paid amounts.
Based on the evidence presented, the court determined that the plaintiff had indeed engaged the agency for support services, paying the required fees. As the worker absconded within the warranty period, the plaintiff was entitled to either replacement labor or a refund, the latter of which was chosen due to the agency’s non-compliance.
Consequently, the court ordered the agency to reimburse the plaintiff 12,000 dirhams plus legal interest, along with covering the plaintiff’s legal expenses.
Moreover, the court upheld the plaintiff’s claim against the recruitment agency, highlighting the importance of contractual obligations and legal compliance in such matters.
