Claim No. SCT 001/2013
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 THE DIFC COURTS
BEFORE H.E. JUSTICE SHAMLAN AL SAWALEHI
BETWEEN
DAFFODIL
and
DAAN
Hearing: 26 December 2013
Judgment: 30 December 2013
JUDGMENT OF H.E. JUSTICE SHAMLAN AL SAWALEHI
AND UPON reading the submissions and evidence filed and recorded on the Court file
UPON hearing the Claimant and the Defendant
IT IS ORDERED THAT:
1. The Defendant shall pay the Claimant the sum of AED 5,402
The reasons:
1. The Claimant alleged that he had been employed by the Defendant from 28 December 2010 until 05 October 2013 when he submitted his resignation.
2. The Claimant requested that the Defendant pay him benefit of end of Employment Contract. The Defendant had refused to pay the Claimant, which led the Claimant to file this case before the Court.
3. No settlement was reached between the parties at the end of the consultation and, consequently, the case was sent for adjudication. On 26 December 2013 I heard the Defendant submissions, and the Claimant did not attend the hearing.
4. In his Particulars of Claim, the Claimant argued that the Defendant had destroyed his future by giving him bad feedback about his employment history to other companies that he applied to, and argued that he was under discrimination caused by the Defendant's HR department, on the basis that he was of Egyptian nationality, by refusing his request for cross training. The Claimant specified his claims on damages for loss of future profits and compensation for discrimination.
5. In its defence, the Defendant confirmed that the Claimant is entitled to his end of service benefits as calculated on the final settlement document but rejected all of the Claimant's other allegations. The Defendant filed, in his submission dated 4 December 2013, a Counterclaim against the Claimant for not leaving the employment accommodation at the end of his employment contract.
6. I have examined both parties' submissions and I have found that the final settlement of dues submitted by the Defendant is reasonable and in accordance with the DIFC Law of Employment, and therefore the Claimant is entitled to a total sum of AED 5,402.
7. 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 above in paragraph 6 of this Order.
8. As regards to the Defendant's Counterclaim, the Defendant should file a separate claim.
Issued by:
Maha AlMehairi
Judicial Officer
Date of Issue: 30 December 2013
At: 9am