Analysis of the Decision in Aida Dagher v Capital Investment International (CII-UAE) Ltd

Analysis

The case of Aida Dagher v Capital Investment International (CII-UAE) Ltd was the first case in the DIFC in which the concept of ‘reasonable employer' was considered. The case is further authority for the proposition that the duty of implied trust and confidence in an employment contract cannot be used to construct within DIFC law and principle of unfair dismissal.

The appeal confirms that the test of honest belief on reasonable grounds regarding an employee's failure to perform is not relevant in the context of termination of employment for non-performance.

Facts

Ms Aida Dagher was employed as CEO by CII in September 2009 and was dismissed without notice on 18 May 2011. She commenced proceedings against Capital Investment International (CII-UAE) Ltd (“CII”) in 2011 questioning the validity of her dismissal as well as unpaid salary and annual leave payment under her employment contract with CII. Ms Dagher's total claim was for 1,990,628 AED. A counterclaim was brought by CII to recover salary and expenses paid during Ms Dagher's employment as well as breach of Ms Dagher's fiduciary duties to CII.