James Berry & Associates Employment Department E-Bulletin

08 Jan 2017

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James Berry & Associates Employment Department E-Bulletin

January 2017

Case Law Update 

Ginny v Graeme Consulting Service

The Claimant made a claim for unpaid salary and was awarded AED 37,500 as salary for the months of April, May and half of June 2016.  The Defendant was also ordered to pay the remaining portion of the DIFC Courts’ Fee in the amount of AED 911.51.

The Claimant’s claim for damages for the delay is issuing his visa failed – he claimed 3 months’ salary. The Judgement states that the Claimant was unable to prove his claim and the defence established that the delay was also the fault of the Claimant and there was no proof of the Defendant’s breach of duty.

Legislation and Practice 

Ras Al Khaimah has taken a momentous legal step to allow for judgments issued by the DIFC Courts to be directly enforced by Ras Al Khaimah’s courts, provided that written contracts explicitly opt-in to the DIFC jurisdiction.

What we have been up to in December:

• Drafting Settlement Agreements for redundancies;

• Review of employee rights on termination during probationary period;

• Drafting of Non-Competition Agreement;

• Settlement of DIFC Court Employment matter;

• Advising on Restrictive Covenants and garden leave;

• Reviewing  and amending Employment Contract;

• Advising on the terms of a Settlement Agreement.

• Advising client on conducting disciplinary performance hearings.