DIFC 309/2024
Naqaash v Nasik
This case involved an employee who was dismissed for disciplinary reasons but did not repay a salary advance or return company equipment.
Background
The Claimant was Naqaash a company located in DIFC and previous employer of the Defendant.
The Defendant was Nasik an individual that was employed by the Claimant.
The underlying dispute arose over the employment of the Defendant by the Claimant under an Employment Contract dated 25 April 2024.
The Defendant commenced his employment on 13 May 2024 to provide marketing and business development services to the Claimant. The Defendant was provided with a laptop and a tablet to assist with his role.
On 3 June 2024, the Defendant messaged the owner of the Claimant, Nasr, for a salary advance, which Nasr agreed to give to the amount of AED 20,000.
During the course of his employment, the Claimant noticed that the Defendant had behavioral issues expressed through poor communication skills, making decisions/commitments on behalf of the Claimant without approval, and there was a lack of transparency in his work. The Claimant had numerous conversations to address these issues with the hope it would improve but it did not.