DIFC 044/2021

This case involved a request for an immediate judgment on damages claimed for a breach by an employer of discrimination and victimisation provisions in the DIFC Employment Law and whistleblowing provisions in the DIFC Operating Law. An employee had been dismissed and they claimed victimised after submitting disclosures about issues they had raised on breaches of compliance rules on islamic finance.

Background

The claimant was employed by the Defendant, from June 2017 under a written contract of employment. In January 2021, the Defendant terminated his employment on notice. Effective termination was not in issue, but in these proceedings the Claimant claimed damages and other relief for breach by the Defendant of the discrimination and victimisation provisions of the DIFC Employment Law, DIFC Law No. 2/2019 and whistleblowing provisions in Operating Law, DIFC Law No 7/2018 and of a number of “implied and/or express and/or statutory obligations“ in the 2017 Contract.

The Defendant accepted that the Employment Law claim should go to trial, but applied for immediate judgment in their favour on the Operating Law claim and the contract claim. Immediate judgment on those claims was ordered.