DIFC 214/2021
Type
Journal
Journal
Employment case monitor
Issue
2021
Page
5
Jurisdiction
United Arab Emirates, Dubai International Financial Centre
Taxonomy
Allowances, Pay, Benefits & Tax, Payments on Termination, Termination of Employment, Deceit & Injurious Falsehood, Personal & Occupational Pensions, Public Health
This case involved pay deductions made under the COVID rules which had exceeded the period in the special Presidential Directive on that subject. Also covered was the validity of a change in an amended contract to the pay in lieu of notice requirements which the company claimed had not been authorised by their board. Other topics considered included calculation of holiday pay, the end of service gratuity and payments made to the qualifying scheme. A refund of spousal insurance was also considered as was the legitimacy of a penalty claim for late payment on termination which had been made before the employee's last day.
Background
The Claimant was Lahu an individual filing a claim regarding her employment at the Defendant company.
The Defendant was Ladhi a company registered in the DIFC and located within the DIFC.
The underlying dispute arose over the employment of the Claimant by the Defendant pursuant to an Employment Contract dated 7 November 2019 as ‘Events Director’. The Claimant commenced her employment with the Defendant on 8 December 2019.