DIFC 222/2020

Ludiana v Lucian Restaurant

This case involved what was due on termination for an restaurant employee who had refused to agree to being put on unpaid leave as a result of COVID 19 or to accept a reduced salary after the restaurant reopened in June 2020.

Background

The Claimant was an employee working for the Defendant which was a restaurant located in the DIFC.

The dispute arose over the employment of the Claimant by the Defendant pursuant to an Employment Contract dated 16 December 2019. The Claimant was working in the position of ‘housekeeping' for the Defendant with a monthly salary of 1,800 AED.

On 1 April 2020, the Defendant gave notice to the Claimant, and all employees working for them that they would be placed on unpaid leave until further notice due to COVID-19. All of the employees signed a document to that effect, agreeing to go on unpaid leave, apart from the Claimant, who refused to sign.