DIFC 012/2013 on 05/12/2013

Dedrick v Daya-on 05/12/2013

Summary

The claimant brought a claim seeking 3 months unpaid salary and compensation for unpaid bonus from the defendant. The claimant stated it had been employed by the defendant but was terminated without notice in breach of his employment contract. The defendant stated that the claimant had agreed in writing to waive the 3 month termination notice which either party could do under the contract. Also, that the claimant was not eligible for bonus according to the defendant's bonus scheme. The court stated that it was clear from a written letter addressed from the defendant to the claimant that the claimant agreed to waive the notice period for a 3 month period, and that the claimant had been terminated within the period stipulated in the letter. The letter had also been signed by the claimant. Furthermore, the claimant's evidence was neither sufficient nor reasonable to establish that he was contractually due a bonus from the defendant, or that the defendant was legally liable to pay him one. The claim was therefore dismissed.

Issued by Nassir Al Nasser , Judicial Officer.