Restaurant manager embezzles 58 thousand dirhams in revenue

The Abu Dhabi Family, Civil and Administrative Claims Court ruled to oblige a former restaurant manager to return an amount of 57,976 dirhams that he embezzled from the restaurant’s revenues, and to oblige him to pay 5,000 dirhams in compensation for the material damage he caused to the restaurant.

In detail, a restaurant company filed a lawsuit against its former manager, demanding that he be obligated to pay the amount of 57 thousand and 976 dirhams, and compensation of 50 thousand dirhams for material and moral damages, while obliging him to pay fees and expenses, noting that the defendant worked for it as a responsible for the restaurant, and it was released. A general power of attorney for him, indicating that he illegally withdrew 98 thousand dirhams from the restaurant’s account, a large portion of which he kept for his benefit.

The report of the accounting expert appointed by the court showed that the defendant embezzled 57 thousand and 976 dirhams, and he was criminally convicted on charges of embezzlement and breach of trust.

For its part, the court stated that the ruling issued in criminal matters has authority in the civil lawsuit before the civil courts, whenever it has made a necessary chapter on the occurrence of the act that constitutes the common basis between the criminal and civil lawsuits, and on the legal description of this act and its attribution to its perpetrator, noting that The technical expertise report showed that the accused withdrew sums from the restaurant’s bank account using the bank card given to him, due to the nature of his job, to spend on the restaurant’s expenses for the months of November and December, a total of 876 thousand. And 345 dirhams, and he spent those amounts on expenses related to the restaurant, with a total amount of 818 thousand and 424 dirhams. The amounts that the accused withdrew from the restaurant’s account through ATM machines, and he did not provide any documents indicating that they were spent in exchange for expenses related to the restaurant or a document for returning them to the restaurant. At a rate of 57 thousand and 976 dirhams.

Regarding the request for material and moral compensation, the court indicated that what is proven is that the defendant committed a mistake, represented by the illegal act he committed, which was the seizure of the amounts that are the subject of the claim, and this resulted in material damage represented by compromising the legitimate interest of the plaintiff, and moral damage represented by grief. And grief, and these damages were due to that mistake, so tort liability had its elements fulfilled, and the court ruled to oblige the defendant to return to the plaintiff the amount of 57 thousand and 976 dirhams, obligating him to compensate the plaintiff in the amount of 5,000 dirhams, and obliging him to pay fees and expenses.