DIFC 160/2024

Nathaniel v Nico

This case involved dues on termination of employment of an employee who had been accused of theft by their employer but on appeal the criminal case against them had been dismissed. Issues included how the penalty for late payment of dues would be calculated and who was liable to pay visa fines. End of service gratuity, pension, pay in lieu of notice, unpaid salary, flight tickets and holiday pay were also considered.

Background

The Claimant was Nathaniel an individual filing a claim against the Defendant on his employment at the Defendant company. The Defendant was Nico ( a restaurant located in the DIFC, Dubai, UAE.

The underlying dispute arose out of the employment of the Claimant by the Defendant under an Employment Contract commenced on 11 January 2017 by which the Claimant was employed in the position of food service supervisor and later promoted to CDP Sushi with a monthly salary of AED 3,200. This was:

Basic Salary

AED 1,920

Housing Allowance

AED 800

Transportation Allowance

AED 480