DIFC 015/2019 issued on 12 May 2023
Mussaab Tag Elsir Abdelsalam v Expresso Telecom Group Limited
Type
Case
Court
Dubai International Financial Centre - Court of First Instance
Jurisdiction
Dubai International Financial Centre, Sudan, Dubai
Taxonomy
Contract & Conditions of Employment, Employment Status, Terms, Documentation & Directors, Types of Contract, Supply of Services, Telecommunications, Payments on Termination, Pay, Benefits & Tax
Decision date
12 May 2023
Panel
Justice Sir Jeremy Cooke
Catchwords
End of Service Gratuity - Payments on Termination - Penalty - Type of Contract - Fly In-Fly Out Employee - Base - Applicability of DIFC Law - Continuation of Service - Fixed Term Contracts
This case involved the assessment of continuous employment of an employee who had three separate fixed term contracts and how these applied to the calculation of benefits on termination of service on areas such as end of service gratuity and flight ticket allowance. Also discussed was whether the DIFC employment law applied in this case as it was argued these were contracts for the suppy of services or genuine employment contracts. Whether the employee who was a fly-in, fly out employee was actually based in the DIFC and if DIFC employment law applied.