Claim No. SCT 061/2013
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 DIFC COURTS
BEFORE H.E. JUSTICE SHAMLAN AL SAWALEHI
Between
DARIUS
v
DARIA
Hearing: 5 December 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:
1.The Defendant shall pay the Claimant the sum of AED 103,529 and the court fees in relation to this claim.
The reasons:
1. The Claimant alleged that he had been employed by the Defendant from 11 October 2010 until 11 September 2013 when his employment contract ended.
2. The Claimant requested to be paid all the benefits due at the end of his 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 5 December 2013 I heard both parties' submissions.
4. In the Claimant's Particulars of Claim, the Claimant argued that he had not received his dues at the end of his Employment Contract within 14 days, in accordance with Article 18. (1) of the Employment Amendment Law No.3 of 2012 of DIFC Law No.4 of 2005.
5. In its defence, the Defendant had admitted that the Claimant was entitled to end of service benefits as calculated on the final settlement agreed and signed by both parties, but argued that it had been in a very difficult financial situation and that was the reason for not paying the Claimant in accordance with Article 18 cited above.
6. I have examined both parties' submissions and I have found that the final settlement of dues submitted by the Defendant which was agreed on and signed by the Claimant is reasonable and in accordance with DIFC Employment, namely the sum of AED 88,571.
7. In addition to that, I have found that the Claimant is entitled to be paid a penalty equivalent to the last daily wage for each day the Defendant is in arrears which I have calculated to be 26 working days assuming Friday and Saturday are days off, upon 14 working days from the day of termination, from the date of 31 October to 5 December 2013, the date of delivery of this judgment, namely the sum of AED 14,950.
8. Therefore the Claimant is entitled to the total sum of AED 103,529 and the Court's fees.
Issued by:Nassir Al NasserJudicial OfficerDate: 5 December 2013At: 4pm