DIFC 042/2022

This case involved outstanding dues including visa overstay fines owed to an employee who had been dismissed without notice, whose employment was not properly terminated so had incurred visa overstay fines and who had not been paid their full salary, holiday pay or pay in lieu of national holidays. Key questions included whether the fact the employee had originally been employed as a part-time employment whose visa was with another employer had an impact on the employee's dues and employer's liabilities. Also considered was the impact on the employee's rights to unpaid salary and holiday pay of the employer failing to keep proper records.

Background

The Claimant was Langer an individual filing a claim against the Defendant involving his employment at the Defendant company.

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

The Defendant and an entity named Lanza outsourced the Claimant as a part-time employee working for the Defendant, working four days a week in exchange for a salary of 5,750 AED which was to be paid by the Defendant every month to Lanza, from August 2019 to December 2019.