Analysis of the Decision in Asif Hakim Adil v Frontline Development Partners Limited
Type
E-journal
Date
2 Aug 2016
Jurisdiction
Dubai International Financial Centre
Taxonomy
Rights & Duties of Employees & Employers, Termination of Employment
Copyright
LexisNexis
Relevant company
KBH Kaanuun
Legal reference
Article 18 of DIFC Law No. 4/2005
Cases reference
DIFC Case No. 015/2014 DIFC Case No. 015/2014 DIFC Case No. 015/2014Article 18 of DIFC Law No. 4/2005
Analysis
In DIFC Case No. 015/2014, KBH Kaanuun acted for the Claimant, Mr Adil, in the DIFC Court of First Instance proceedings against Frontline Development Partners Limited (FDPL). KBH took over the conduct of this case in March 2015 from another law firm, approximately three weeks before the due date for witness statements and two months before the scheduled Trial dates.
What happened?
Mr Adil was employed by FDPL as Managing Director between August 2011 and November 2013. He commenced proceedings against FDPL in May 2014 for, amongst other things, unpaid salary, contributions and expenses pursuant to his employment contract with FDPL. Mr Adil's total claim was in the order of USD 1.6 million including an ongoing statutory penalty at USD 1,666 per day (payable pursuant to Article 18 of the DIFC Employment Law). FDPL brought a counterclaim against Mr Adil for alleged breaches of the employment contract and failure to transfer shares in a joint venture in Mozambique which Mr Adil, the Chairman and other local partners had entered into.