DIFC 238/2017
Hale v Haydee Salon
Summary
The claimant was formerly employed by the defendant as a hairdresser, pursuant to an employment contract entered into in 2013. In June 2016, the claimant signed an updated contract. Under the terms of that contract, the claimant was entitled to one day off a week, and required to work 11 hours a day. He resigned with effect from 12 August 2017. Following the termination of his employment, he issued proceedings in the Small Claims Tribunal (SCT) seeking damages for unpaid extra hours from 2013 to June 2016, untaken public holidays, and penalty under Article18a of DIFC Law No. 4/2005 (the DIFC Employment Law). The defendant disputed the claim. Article 21b of DIFC Law No. 4/2005 provided for a maximum 48 hour working week, unless the employer had first obtained the employee's consent in writing. Article 32c of DIFC Law No. 4/2005 provided for entitlement to national holidays.
It was held that: