DIFC 008/2013 on 29/07/2013

Damari v Damayanti-on 29/07/2013

Summary

The claimant brought a claim stating she had not received all that was due to her under her employment contract after her employment had been terminated by the defendant. The claimant argued she had not received all of her salary, annual leave, annual ticket, termination ticket, one month notice, medical expenses, gratuity payments, reimbursement of unlawful deductions, and compensation for unfair termination. The defendant stated that the claimant's benefits totalled AED 65,159 as the claimant had been absent from work on a number of days without valid reason. The court stated that it was not convinced that the alleged absences took place during the course of the claimant's employment, therefore, the defendant was to reimburse the claimant any amount deducted on this ground or for alleged taken annual leave. The court held that the claimant was entitled to AED 102,154 for end of service benefits in addition to the court fees for this claim. The claimant's evidence submitted regarding compensation was neither sufficient nor reasonable to establish that the defendant was liable to pay an extra amount beyond this.

Issued by Shamlan Al Sawalehi , SCT Judge.