DIFC 259/2022 Lact v Loutiv

This case involved a claim by an employee for non-payment of holiday pay on termination and the relevant penalty and a counter claim by an employer that the employee had taken excess holiday and sick leave. A key point was the employer's obligation to keep proper records of leave balances, and if an employee had submitted a prior request for holiday to the HR department which they had not rejected because of an insufficient leave balance the employee would not be liable to repay that amount.

Background

The Claimant Lact was, an individual filing a claim regarding his employment at the Defendant company.

The Defendant Loutiv was a company registered and located in the DIFC.

The underlying dispute involved the employment of the Claimant by the Defendant under an employment contract dated 23 March 2017.

On 30 November 2021, the Claimant resigned from the company with a 30-day notice period. The Claimant’s last working day was on 31 December 2021.