DIFC 001/2022

This case involved non-payment of invoices for recruitment services and a counter claim for recruitment costs after the recruited employee had been dismissed for poor performance during the probation period and there was a guarantee clause stating the recruiters would undertake a search for a replacement in such situations at no further cost. Key issues included payments were due for the search and hire of the employee even though they had been dismissed. The guarantee did not operate as the recruiter had not been informed the individual had been dismissed and a replacement was needed.

Background

The Claimant was Marcos a company registered in the DIFC, located in the DIFC.

The Defendant was Miller a Public Listed Company registered and located in Dubai, UAE.

The underlying dispute arose over a recruitment agreement signed by the Claimant and the Defendant on 18 October 2020. On 3 January 2022, the Claimant filed a claim with the DIFC Courts’ Small Claims Tribunal seeking 178,406.20 AED from the Defendant, which was the balance of unpaid invoices arising out of the Agreement.

On 10 January 2022, the Defendants filed an Acknowledgment of Service with the intention to defend the whole claim.