DIFC 003/2012

Lutfi v Dubai International Financial Centre Authority-1

Background facts

The claimant had been employed by the defendant in a highly remunerated management role until his employment was terminated. The claimant commenced proceedings in which he claimed: (i) reinstatement of his employment with payment of wages lost pursuant to art 68(2)(b) of the DIFC Law No. 4 of 2005 (the DIFC Employment Law); (ii) damages for breach of his contract of employment, and for defamation; (iii) punitive damages; (iv) compensation pursuant to art 68(2)(d) of the DIFC Employment Law; (v) any payments considered due and owing under any provision of the DIFC Employment Law, in particular art 68(2)(e); and (vi) any other determination that the Director of Employment Standards saw fit to order pursuant to art 68 of the DIFC Employment Law. On 4 August 2013, the claimant's submissions were rejected and the claim was dismissed. The defendant applied for its costs in the proceedings.

Submissions

The defendant submitted that costs should follow the event and that the general rule stated in r 38.56 of the Rules of the Dubai Courts 2014 should apply, namely that the unsuccessful party should be ordered to pay the costs of the successful party.