DIFC 030/2024

Nemi v Nessim

This case involved a request for end-of-service entitlements which were time-barred.

Background

This case involved a claim by Nemi the Claimant, an individual, against Nessim the Defendant, a company registered in the DIFC, Dubai, UAE, ob his end-of-service entitlements following his resignation on 6 April 2023.

The Claimant was employed by the Defendant as a Manager – Market Development (Middle East and Africa) in line with an offer letter dated 11 May 2022, with a joining date of 1 June 2022. The Claimant claimed that he had served his two-month notice period, with his last working day being 31 May 2023. He sought AED 27,993.60, comprising gratuity payment, payment in lieu of untaken annual leave, and an airfare ticket allowance. The Defendant denied the claim, arguing that it was time-barred under Article 10 of DIFC Law No. 2/2019.

The central legal issue was whether the Claimant's claim was time-barred under Article 10 of DIFC Law No. 2/2019, which required claims to be brought within six months of the employee's termination date.

The court dismissed the Claimant's claims, finding them time-barred under Article 10 of DIFC Law No. 2/2019.