DIFC 120/2024

Nalani v Narciso

If case involved an employee's claim for accrued vacation leave and pay in lieu of notice. A key issue was whether the employee was classed as an employee when he had still been under their former employer's visa.

Background

The claimant, Nalani, filed a claim against the defendant company, Narciso, on his employment pursuant to an employment contract dated 23 July 2023. Nalani had commenced employment on 1 August 2023 with a monthly salary of AED 7,250. On 11 March 2024, Nalani's employment was terminated, and his last working day should have been on 11 April 2024. However, the defendant requested Nalani not to come to work after receiving the termination notice.

Nalani claimed AED 18,125, comprising one month's salary (AED 7,250), one month's notice (AED 7,250), and 15 days of accrued but untaken vacation leave (AED 3,625).