DIFC 012/2013 on 15/12/2013

Dacey v Dacia-on 15/12/2013

Summary

The claimant brought a claim seeking her benefits at the end of an employment contract with the defendant. The claimant stated that her employment had ended and she hadn't received the dues and benefits under her employment contract - namely 3 months' salary, one months' notice period, annual tickets, 30 days paid leave, gratuity for 7 days, and reimbursement for 7 days leave taken plus expenses. The defendant argued that the claimant had brought about her termination as she had not reported to the company except for a few days in the 3 months preceding the claim. The defendant submitted that it was therefore due AED 16,200 to the claimant. The court held that this amount was reasonable and in accordance with the DIFC Employment Law, Law No. 4/2005, and that the claimant was also entitled to one months' notice salary in the sum of AED 18,000. The claimant was therefore entitled to a total of AED 34,200. The court also held that the claimant's evidence was neither sufficient nor reasonable to establish the defendant was contractually or legally liable to pay any extra amount beyond this.