DIFC 011/2013
Deb v Decimus
Summary
The claimant brought a claim seeking payment of her dues and benefits within the 14 days following the end of her employment contract. The claimant stated she had not received one month's salary, compensation in lieu of her vacation leave, and end of service gratuity. The defendant argued that the claimant had terminated her employment before the end of the agreed term in the employment contract. Therefore, the claimant's end of employment benefits should cover the defendant's loss, costs and expenses that were caused by the claimant's resignation. The court held that the defendant's submission was insufficient to establish authorised deduction required by Article 19 of DIFC Employment Amendment Law, Law No. 3/2012 of DIFC Law No. 4/2005. The claimant was entitled to one month's salary and compensation in lieu of her vacation leave for 18 days, totalling AED 3,200. The court stated that the claimant had failed to establish that the defendant was due any extra amount beyond this.
Issued by Nassir Al Nasser , Judicial Officer.