James Berry & Associates Employment Department E-Bulletin

12 Dec 2016

James Berry & Associates Employment Department E-Bulletin

December 2016

Case Law Update 

Genager v Greet Limited

In the Small Claims Tribunal in the DIFC, the Claimant was successful in her claims for unpaid salary and penalties under Article 18 for late payment thereof (amounting to AED 92,711.73)

The SCT held that the Claimant was an employee of Greet Limited, the defence failed to establish that the Claimant was employed by another Company by way of a secondment.

Griet v Guido LLC

Again in the SCT, the Claimant sustained a serious leg injury and claimed compensation for unfair dismissal and compensation for sick leave amounting to AED 500,000.  The Claimant also sought a waiver of the restrictions in his Employment Contract 

The Defendant maintained that it provided a sufficient reason for termination, pursuant to Article 60, both verbally and in writing.

The Claimant failed in his claims.  The Court held both parties bear their own costs.

Legislation and Practice 

Dubai residents must secure health insurance cover by 31 December 2016, otherwise they will face a fine of Dh500 a month once the deadline comes into effect from 1 January 2017. 

What we have been up to in November:

• Advising on contractual restrictions when setting up a Company in competition with previous employer;

• Review of Staff Handbooks;

• Preparation for trial on a DIFC employment law matter;

• Review of Settlement Agreement;

• Advising client on resignation and end of service dues; and

• Attending the Arabian Business Networking Event and BBG Christmas Ball at the British Embassy;