DIFC 183/2023, [2023] DIFC SCT 183

Mopun v Mikita

This case involved an employee who stated they had been unfairly dismissed and not paid amounts due on termination. The employee had been dismissed for performance reasons. Issues included her probation period and whether that had been extended. Other issues included if a bonus paid to her should be corrected.

Background

Mopun was n individual formerly employed as the General Manager at Mikita.

Mikita was a wholesale services company, which was located, operating, and registered within the DIFC.

On 11 May 2023, the Claimant filed a claim in the DIFC Courts’ Small Claims Tribunal seeking payment for certain sums allegedly entitled to her as a result of her employment with the Defendant. The original claim form was amended on 26 June 2023. The total claim value was for USD 251,434.89 inclusive of 6 months’ notice and a correction in bonus calculation. The Claimant also claimed a daily penalty accrued as per Article 19(2) of DIFC Law No. 2/2019, and legal fees.

The Defendant responded to the Claim on 18 May 2023 with an Acknowledgment of Service intending to defend all the Claim.