Analysis of the Decision in Mustafa Al-Hendi v Dubai Aerospace Enterprise (DAE) Limited
Type
E-journal
Date
5 Oct 2016
Jurisdiction
Dubai International Financial Centre
Taxonomy
Rights & Duties of Employees & Employers, Termination of Employment
Copyright
LexisNexis
Relevant company
KBH Kaanuun
Cases reference
DIFC Case No. 026/2012 DIFC Case No. 026/2012 DIFC Case No. 026/2012
Analysis
The case of Mustafa Al-Hendi v Dubai Aerospace Enterprise (DAE) Limited (“DAE”) is a good example of the DIFC's approach to document delivery and the use of its inherent jurisdiction. In this case, Justice Sir David Steel relied on the Court's inherent jurisdiction to require a party to deliver up and return documents that had been improperly retained by that party.
Facts
Mr Al-Hendi was employed by DAE in July 2007 and commenced his employment on 15 October 2007. He was later terminated in early 2011; either by:
• notice given by him on 30 or 31 January 2011 to expire at the end of April 2011; or
• summary termination by the employer on 10 May 2011.
Mr Al-Hendi commenced proceedings against DAE on 18 July 2012. Mr Al-Hendi sought over $1.3m in respect of alleged breaches of contract of employment and benefits due to him.