DIFC 005/2020
This case involved a claim for compensation by an employee under the whistle blowing provisions in the Operating Law. Key points included whether the whistleblowing breach had to happen after the Operating Law came into force. The case also considered whether the employee had confirmed they were not entitled to employment entitlements and if payments made by the employer to prevent the risk on penalties for late payment of entitlements on termination of employment should be treated as unjust enrichment by the employee.
Background
The Claimant was employed by the Defendant as a Senior Account Director under an employment contract governed by the DIFC Employment Law, DIFC Law No. 4/2005 (since repealed, see now DIFC Law No. 2/2019). In early 2019 the Defendant terminated his employment. The termination wasdisputed; the Claimant stated it occurred on 19 February 2019 but in breach of contract, the Defendant stated it occurred lawfully on 17 February 2019.
The Claimant brought proceedings against the Defendant in the Small Claims Tribunal on 9 May 2019. The proceedings were subsequently transferred to the Court of First Instance under a Claim Form filed on 8 July 2019.