DIFC 368/2018
Jingal v Jane Fz
This case involved a claim for amounts including a bonus under a contract after its termination. Key issues included a counter claim that the individual had not acted in good faith and made secret profits with suppliers. This was made not under the consultancy contract in the DIFC but a separate employment contract with a subsidiary of the company which it was said was governed by Iranian law. The case also looked at whether there was evidence of breach of the consultancy contract and evidence that the bonus was discretionary based on performance and not due.
Background
The claimant was an individual living in Tehran and the defendant a company registered in Fujeriah.
The dispute involved non-payment of a monthly sum of USD 8,200 for two months and 25 days, and a bonus payment for the year 2017 in accordance with the Consultancy Agreement commenced on 8 April 2015.
On 8 January 2019, the Defendant filed their defence and counterclaim seeing USD 60,000 in damages due to the Claimant's breach of his contractual obligations.