DIFC 038/2024
Najah v Namine
This case involved whether a compliance officer had breached a non-solicitation clause in her employment contract. She claimed this caused stopped her soliciting her former employer's clients but did not stop her working with them. The DFSA register was used as evidence she was working with them.
Background
The claimant was Najah a company registered in the DIFC , Dubai, UAE.
The Defendant was Namine an employee of the Claimant.
The Claimant and Defendant entered into an Employment Contract on 7 October 2019. The Claimant began working as a Compliance Officer for the Defendant with a monthly salary of AED 31,000 per month. The Defendant resigned from the Claimant on 28 April 2023, serving three months’ notice with her last working day on 27 July 2023.
Following the Defendant’s resignation from the Claimant, the Defendant joined Nisa, which was a competitor of the Claimant and was incorporated within the DIFC.
Under the Defendant’s Employment Contract, the Defendant agreed to post-termination contractual provisions which restricted them from procuring or soliciting the Claimant’s clients and to transfer their business from the Claimant’s company to the Defendant’s new employer.