DIFC 116/2019

Jamaru Group Holding Ltd v Jasmine

This case involved claims by an employer for amounts they stated were due to them by an employee who had been terminated but had not served the full notice period. A key point was the employee was the ex-wife of the company owner and whether these amounts related to the employment contract or related to a divorce settlement and payments made as part of the marriage.

Background

The Claimant was Jamaru Group Holding LTD a company registered in the DIFC and the Defendant was an individual formerly employed by them.

The Defendant's employment commenced on 13 July 2017 in accordance with a contract of employment dated 12 July 2017and they worked as an Assistant Project Manager. The Employment Contract was issued based on a total salary of 15,000 AED per month which was made up of basic salary of  9,000 AED, a monthly housing allowance of 4,500 AED; and a transportation allowance of 1,500 AED.

On 3 February 2019 the Claimant sent the Defendant a final warning letter for unsatisfactory performance.

On 17 February 2019 the Defendant resigned from theompany with immediate effect and subsequently stopped attending work.