DIFC 242/2021
Type
Journal
Journal
Employment case monitor
Issue
2021
Page
2
Jurisdiction
United Arab Emirates, Dubai International Financial Centre
Taxonomy
Passports, Immigration Offences, Visas, Termination of Employment, Civil Costs, Payments on Termination, Litigation Procedure & Practice
The original case involved claims by an employee who had been due to start work in a DIFC restaurant just before COVID 19 restrictions came in so had her employment postponed. Steps were taken to apply for her employment via but the employer was informed this was not possible due to a previous unpaid overstay fine. The DIFCA paid the fine which the employee was due to repay and the employee bean work in June 2020. In December 2020 she submitted her resignation with immediate effect. The employee wanted repayment of amounts she had paid for the visa, the employer pay the overstay fine and the return of her passport. A counterclaim was made by the employer for the overstay fine, legal costs, and a payment in lieu of notice. Both claims were dismissed for being timebarred. However, the employer was required to return the passport.
Background
The Claimant was Lambhit an individual filing a claim regarding her employment at the Defendant company.
The Defendant was Laghuvi, a restaurant located at DIFC, Dubai, UAE.