Court rejects worker’s denial saying a final criminal judgment had established the assault
Abu Dhabi: A domestic worker has been ordered to pay Dh10,000 in compensation to a mother after assaulting her three-year-old child, leaving scratches on his chest and beneath his jaw.
The ruling by the Abu Dhabi Family, Civil and Administrative Court follows a final criminal conviction in which the worker received a suspended one-month prison sentence and a Dh3,000 fine, Emarat Al Youm reported.
Get updated faster and for FREE: Download the Gulf News app now - simply click here.
The mother had sought Dh25,000 in compensation for material and emotional harm, along with interest at 5 per cent from the date of her claim until payment in full, court costs and legal fees.
She told the court she had entrusted the worker with caring for her child during her absence. The assault, she argued, represented a serious breach of that trust. A medical report documented multiple scratches on the child’s body.
The worker sought to have the claim dismissed, alleging that the accusation was malicious and arose from a dispute over unpaid wages and the mother’s failure to meet her contractual obligations. She said she had been employed as a driver and was not responsible for childcare.
The court rejected her attempt to contest the assault, finding that the final criminal judgment had already established the incident on which the civil claim rested. That finding could not be reopened or debated in the compensation proceedings.
In assessing damages, the court found that the assault had caused material harm through the child’s injuries and the treatment costs borne by his mother. It also found that both had suffered pain, sadness and a loss of trust, establishing grounds for compensation for emotional harm.
The court awarded the mother Dh10,000, with late-payment interest of 4 per cent from the date the judgment becomes final and binding. The accumulated interest must not exceed the compensation awarded. The worker was also ordered to pay court fees and costs.