DIFC 290/2018
Jew v Jang Capital Markets MENA Ltd
This case involved whether an employer had fairly dismissed an employee for gross misconduct and breach of confidentiality which had an impact on his right to receive an end of service gratuity and notice pay.
Background
The Claimant was an individual who was employed as a broker at Jang Capital Markets Mena Limited which was an agricultural commodities merchant, operating under a financial brokerage license. The defendant was a branch of this London-based company, which was located, operating, and registered within the DIFC.
On 2 September 2018, the Claimant filed a claim in the DIFC Courts' Small Claims Tribunal for sums they were allegedly entitled to as a result of their employment. The original claim form was amended on 6 September 2018. The total claim value was USD 75,989 inclusive of salary, holiday pay and bonuses. The Claimant also claimed a daily penalty accrued as per Article 18(2) of DIFC Law No. 4/2005 and legal fees plus VAT. The Defendant lodged a Counterclaim on 17 September 2018 and an Acknowledgment of Service
The matter was called for Consultation before an SCT Judge but the parties failed to reach an agreement.