December 22, 2023 SCT - JUDGMENTS AND ORDERS
Claim No. SCT 292/2023
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
In the name of His Highness Sheikh Mohammed Bin Rashid Al Maktoum,
Ruler of Dubai
IN THE SMALL CLAIMS TRIBUNAL OF DIFC COURTS
BEFORE H.E. JUSTICE NASSIR AL NASSER
BETWEEN
Maher
Claimant
and
Mahesh
Defendant
| Hearing : | 11 December 2023 |
|---|---|
| Judgment : | 22 December 2023 |
JUDGMENT OF H.E JUSTICE NASSIR AL NASSER
UPON this Claim being filed on 3 August 2023
AND UPON a hearing having been held before H.E Justice Nassir Al Nassir on 11 December 2023, with the Claimant in attendance and the Defendant absent
AND UPON reviewing the documents and evidence filed and recorded on the Court file
AND PURSUANT TO Rule 53.61 of the Rules of the DIFC Courts (“RDC”)
IT IS HEREBY ORDERED THAT:
1. The Defendant shall pay the Claimant the total sum of AED 40,300.
2. The Defendant shall pay the Claimant the Court fee in the sum of AED 806.
Issued by:
Hayley Norton
SCT Judge and Assistant Registrar
Date of issue: 22 December 2023
At: 12pm
THE REASONS
The Parties
1. The Claimant is Maher (the “Claimant”), an individual filing a claim against the Defendant regarding her employment at the Defendant company.
2. The Defendant is Mahesh (the “Defendant”), a company registered in the DIFC.
Background and the Preceding History
3. The underlying dispute arises over the employment of the Claimant by the Defendant pursuant to an Offer Letter dated 21 July 2020 (the “Agreement”).
4. On 3 August 2023, the Claimant filed a claim with the DIFC Courts’ Small Claims Tribunal (the “SCT”) seeking various employment claims in the sum of AED 55,000.
5. The Defendant failed to acknowledge the claim.
6. On 21 September 2023, a Consultation was held before SCT Judge Hayley Norton at which the Claimant attended and the Defendant failed to attend.
7. On 21 September 2023, the Registry issued the Order of SCT Judge Hayley Norton (The “Default Order”).
8. On 25 September 2023, the Defendant filed an application seeking permission to set aside the Default Order which was granted on 20 October 2023.
9. In line with the rules and procedures of the SCT, this matter was referred to me for determination, pursuant to a hearing held on 11 December 2023 (the “Hearing”). The Claimant attended and the Defendant was absent although served.
The Claim
10. The Claimant commenced employment on 21 July 2022 with a monthly salary of AED 2,100. The Claimant submits that she was promoted to be a waitress in September 2020 and her salary was increased to AED 3,000.
11. The Claimant’s employment ended in May 2023.
12. At the Hearing, the Claimant confirmed that she is seeking the total sum of AED 45,900 which consists of the following claims:
(a) Pending salaries since July 2020 in the sum of AED 35,100;
(b) Visa expenses in the sum of AED 5,600; and
(c) 52 days of accrued but untaken annual leave and 30 days of public holiday accrued but untaken in the sum of AED 5,200.
The Defence
13. The Defendant failed to attend the Hearing nor did it submit any defence.
Discussion
14. This dispute is governed by DIFC Law No. 4 of 2021 (Employment Law Amendment Law) (hereafter the “DIFC Employment Law”) in conjunction with the relevant Agreement.
Salaries
15. The Claimant submits that she is entitled to salaries in the sum of AED 35,100 from July 2020 to May 2023.
16. The Defendant failed to provide any evidence to demonstrate that the Claimant received her full salaries and that no deductions had been made. The Defendant failed to provide any written submissions or supporting evidence.
17. Article 16(c) and (e) of the DIFC Employment Law states the following:
“Payroll Records
(1) An Employer shall keep record of the following information:
(c) the Employee’s remuneration (gross and net, where applicable), and the applicable pay period;
(e) each deduction made from the Employee’s remuneration and the reason for it;”
18. In light of my findings above, I find that the Claimant is entitled to her salaries in the total sum of AED 35,100.
Annual Leave
19. The Claimant is seeking payment in lieu of accrued but untaken annual leave and public holidays in the sum of AED 5,200.
20. Article 16(1)(g) of the DIFC Employment Law states the following:
“Payroll Records
(1) An Employer shall keep record of the following information:
(g) the dates of Vacation Leave taken by the Employee and the Daily wages paid by the employer in respect thereof and the vacation leave balance owing.
(f) the dates of Public holidays taken by the Employee and the Daily wages paid by the Employer in respect thereof.”
21. The Defendant failed to provide any evidence to demonstrate that the Claimant has taken her annual leave and public holidays.
22. I find that the Claimant is entitled to the sum of AED 5,200 as payment for the accrued but untaken annual leave and public holidays.
Visa expenses
23. The Claimant submits that the Defendant failed to provide her with an employment visa, and as a result, twice she was required to obtain a visit visa at her own expense in the sum of AED 5,600.
24. The Claimant failed to provide evidence to demonstrate that she has incurred such expenses.
25. Therefore, I dismiss the Claimant’s claim for visa expenses for failure to provide sufficient evidence.
Conclusion
26. In light of the aforementioned, I find that the Defendant shall pay the Claimant the total sum of AED 40,300.
27. The Defendant shall pay the Claimant the Court filing fee in the sum of AED 806.
