How an employer can recover money from fraudulent employee
Employer can recover funds if the erring employee already gets end of service benefit
Question: I am the owner of a company. Six months ago, one of my employees embezzled funds from the company, and accordingly I suspended him from work and filed a complaint against him before the Public Prosecution. In return, this employee filed a labour complaint and then filed a labour lawsuit. Through the labour court, he obtained a ruling according to which the company was obligated to pay in full his labour rights, but currently a criminal court ruling has issued against him convicting him in the embezzlement case. What is the appropriate action to take against this worker to force him to return the embezzled amounts, and is it possible to stop the execution against the company? Please advise
You have to file a suitcase for reconciliation in front of the court that rendered the judgment; in order to cancel or deduct the amounts he was given by the court, according to Article (171) of the Federal Decree-Law No. (42) of 2022 Promulgating the Civil Procedure Code. The litigants may file case for reconsideration in respect of the final judgments and rulings rendered in the following instances:
1. If the adverse party has committed an act of fraud which affected the underlying judgment or ruling; 2. If the judgment or ruling has been based on documents which, after the same is rendered, are acknowledged or turned out to be forged, or based on a witness testimony, which, after the judgment or ruling is rendering, turned out to be a perjury; 3. If, after the judgment or ruling is rendered, the moving party obtains instrumental documents which have been withheld by the adverse party;) The time limit for filing motions for reconsideration shall be thirty [30] days, which shall commence, in respect of the instances referred to, only as of the day on which the fraud is discovered, the forgery is either admitted by its perpetrator or established under a court decision, the person who committed perjury is convicted, or the document withheld is brought to light.
Neither the filing of an appeal nor its admission shall cause a stop of execution of the judgment. However, the Court that hears the motion may order a stop of execution, whenever requested, in the event that the execution is likely to bring about an irremediable substantial damage.
In all cases you have to file a new suitcase in front of the First Instance Civil Court against the employee, pursuant to the criminal judgment, to return the money he had embezzled alongside with the compensation you had suffered and then you shall file an execution pursuant to the judgment you will be rendered from the civil court.
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