Claim No.
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
In the name of His Highness Sheikh Mohammad Bin Rashid Al Maktoum, Ruler of Dubai
IN THE SMALL CLAIMS TRIBUNAL OF DIFC COURTS
BEFORE H.E. JUSTICE SHAMLAN AL SAWALEHI
Between
DACEY
Claimant
v
DACIA
Defendant
Hearing: 31 October 2013
Judgment: 5 December 2013
JUDGMENT OF H.E. JUSTICE SHAMLAN AL SAWALEHI
UPON hearing the Claimant and the Defendant
AND UPON reading the submissions and evidence filed and recorded on the Court file
IT IS ORDERED THAT:
- The Defendant shall pay the Claimant the sum of AED 34,200 and the Court's fees.
The reasons:
1.The Claimant alleged that she had been employed by the Defendant from 2 September 2012 until 23 September 2013 when she submitted this Claim.
2. The Claimant requested that the Defendant pay her the benefits due at the end of her Employment Contract. The Defendant had refused to pay the Claimant, which had led the Claimant to file this case before the Court.
3.No settlement was reached by the parties at the end of the consultation and, consequently, the case was sent for adjudication. On 31 October 2013 I heard both parties' submissions with the Claimant participating via conference call.
4. In her Particulars of Claim, the Claimant argued that she had worked for the Defendant since 2 September 2012 until her employment contract had ended when she submitted this claim, but she had not received her dues and benefits yet. The Claimant specified her claims as three months unpaid salary (July, August and September 2013), completion for one month's Notice period, annual tickets, 30 days' paid leave, gratuity for 7 days, and reimbursement for 7 days' leave taken and expenses during an approved business trip to Kenya. The Claimant further argued that her type of work required her to spend most of her working time outside the office as she had been the Company Senior Relationship Manager.
5. In its defence, the Defendant argued that the Claimant had bought about her termination as she had not reported to the company since 15 July 2013, except for a few days in July, August and September 2013 as evidenced by the Log record of the Claimant's access card to the Defendant's office in Dacia. The Defendant further argued that the Claimant had never been given an approval for the alleged business trip to Kenya after November 2012.
6. I have examined both parties' submissions and have found that the final settlement of dues submitted by the Defendant is reasonable and in accordance with
DIFC Employment Law, namely the sum of AED 16,200.
7. In addition, I have found the Claimant to be entitled to one moths' notice salary, namely the sum of AED 18,000.
8. Therefore, the Claimant is entitled to the total sum of AED 34,200 and the court's fees.
9. Furthermore, I have found that the evidence submitted by the Claimant is neither sufficient nor reasonable to establish that the Defendant is contractually or legally liable to pay any extra amount beyond what has been decided in paragraph 8 of this Order.
Issued by:Nassir Al NasserJudicial OfficerDate: 5 December 2013At: 4pm
