DIFC 044/2022
Lufithi v Larties
This case was an appeal against an amended Judgment by the Small Claims Tribunal. Issues discussed included proof of the employee's start date, whether they had taken unauthorised leave and compensation for a share entitlement detailed in the offer letter which had been misrepresented. Also considered was a flight ticket entitlement for a dual national and their spouse.
Background
The scope of this Appeal was limited to focus on four different issues which were the start date, the working days between December 2021 to February 2022, the Contract and the Shareholding issues, and finally the gratuity entitlement
The Amended Judgment issued on 24 May 2022 was in favour of the Claimant. On 3 June 2022, the Defendant applied for permission to appeal this Order on the basis that the Judge had made an error in his decision. On 23 June 2022, Permission to Appeal was granted. The Defendant had to provide proof the SCT Judge had made an error in his Order. Instead, The Defendant reiterated the same arguments were put forward before the SCT Judge.