Source: Emirates Today – Abu Dhabi Family and Civil and Administrative Claims Court
The Abu Dhabi Family and Civil and Administrative Claims Court ruled that an employee, who embezzled funds from the company he works for, must repay an amount of AED 114,167, after it was proven that he violated his job duties and breached trust by taking amounts collected from clients for himself instead of depositing them into the company’s account.
In detail, the company filed a lawsuit against its employee, requesting that he be obligated to pay AED 114,167, along with the legal interest of 9% from the date of the judicial claim until full repayment, in addition to court fees, expenses, and attorney fees. The company stated that the defendant had embezzled, during his employment, amounts from company clients totaling the claimed amount, taking them for himself without depositing them into the company account, in violation of his duties. The defendant had explicitly acknowledged his obligation to return these amounts but failed to do so despite repeated amicable demands.
The company also confirmed that a criminal case had been filed against the defendant, resulting in a conviction.
The court clarified in its ruling that the error for which the defendant was convicted is the same error on which the plaintiff relied to file the present civil claim. Therefore, the criminal judgment has definitively established the occurrence of the act forming the common basis between the criminal and civil cases, the legal characterization of the act, and its attribution to the defendant. Consequently, the elements of tort liability are fulfilled regarding the defendant.
The court ruled that the defendant must pay the plaintiff AED 114,167, in addition to court fees, expenses, and AED 500 in attorney fees, while dismissing all other claims.