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Claim No. SCT 388/2023

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

MUSHIN

Claimant

and

MUBAR

Defendant

JUDGMENT OF H.E JUSTICE NASSIR AL NASSER

UPON this Claim being filed on 5 October 2023

AND UPON a hearing having been held before H.E Justice Nassir Al Nassir on 22 November 2023, with the Claimant and the Defendant’s representative in attendance

AND UPON reviewing the documents and evidence filed and recorded on the Court file

IT IS HEREBY ORDERED THAT:

1. The Claimant’s claim shall be dismissed.

2. There shall be no order as to costs.

Issued by:
Hayley Norton
SCT Judge and Assistant Registrar
Date of issue: 28 November 2023
At: 11am

THE REASONS

The Parties

1. The Claimant is Mushin (the “Claimant”), an individual filing a claim against the Defendant regarding his employment.

2. The Defendant is Mubar (the “Defendant”), an individual residing Dubai, United Arab Emirates.

Background and the Preceding History

3. The underlying dispute arises over the employment of the Claimant by a company named Metur.

4. On 5 October 2023, the Claimant filed a claim with the DIFC Courts’ Small Claims Tribunal (the “SCT”) seeking the payment of two months’ salary and end of service benefits in the sum of AED 68,992.

5. On 27 November 2023, the Defendant filed its submissions with the intention to defend all of the claim.

6. On 26 October 2023, a Consultation was held before SCT Judge Hayley Norton at which the parties failed to settle the claim amicably.

7. In line with the rules and procedures of the SCT, this matter was referred to me for determination, pursuant to a hearing held on 22 November 2023 (the “Hearing”). The Claimant and the Defendant’s representative attended.

The Claim

8. The Claimant submits that he was employed by Metur (the company) as a senior representative. The Claimant adds that the Defendant is an employee of the company and holds the title of Chairman.

9. The Claimant submits that the Defendant failed to remit his outstanding salaries and end of service benefits in the sum of AED 68,992 (the “Outstanding Sum”), The Outstanding Sum comprises the amount of AED 24,500 for May 2023 salary, AED 24,500 for June 2023 salary, and AED 19,992 for 14 months of end of service benefits.

The Defence

10. The Defendant submits that the Claimant’s claim lacks legal validity and a legal basis, therefore, the Defendant requests the Court to dismiss the Claimant’s claim.

11. The Defendant submits that the claim is filed directly against him in his personal capacity. The Defendant adds that there is no personal contractual relationship between the parties and the only relationship is that both parties work in the same company, at which the Defendant is a director.

Finding

12. The Claimant has filed his claim seeking two months’ salary and end of service entitlements against the Defendant in his personal capacity, when it should have been filed against the company, being the contractual party to the employment agreement of concern. The Defendant in his capacity as a Director and Chairman of the company does not mean that he is personally liable to settle employment matters in his personal capacity.

13. I find that the Claimant has filed his claim against the wrong party. Therefore, the Claimant’s claim shall be dismissed.

Conclusion

14. In light of the aforementioned, I find that the Claimant’s claim shall be dismissed.

15. There shall be no order as to costs.