Background

The Claimant had submitted his three months resignation notice during his period of probation, and the Defendant terminated the Claimant's employment during that notice period. The issue in the claim was whether the Claimant had committed misconduct that warranted instant summary dismissal as provided for by Employment Law, DIFC Law No. 4/2005. The governing law in the case was DIFC Employment Law No. 4/2005 and not amended DIFC Employment Law, DIFC Law No. 3/2012 which had come into force six days before the Claimant had amended his claim form. Two main factors had led to the Claimant's instant dismissal - his resignation and finding of work in another law firm, and his bringing proceedings against the defendant in the DIFC Courts.

Decision