DIFC 381/2020
Michael v Mattida
This case involved a claim for holiday pay on termination of employment where the employee was on garden leave and the employer requested they take holiday then. The position of a HR policy on this point which had been drawn up but not signed because of COVID 19 was considered. Also covered was whether the employee was entitled to damages for late payment of these dues. Their refusal to deal with the employer's legal representatives who had been asked to discuss the matter with the employee and the pre-emptive filing of the claim were relevant.
Background
The Claimant Michael, was an individual filing a claim against the Defendant on their employment at the Defendant company.
The underlying dispute arose over the employment of the Claimant by the Defendant under an Employment Contract dated 10 April 2013. The Claimant's joining date was 22 April 2013 and they resigned on 1 August 2020 and served their last working day on 30 October 2020.
On 4 November 2020, the Claimant filed a claim in the DIFC Courts' Small Claims Tribunal claiming end of service entitlements of 151,561.42 AED.