James Berry & Associates Employment Department E-Bulletin
Case Law Update
Pierre-Eric Daniel Bernard Lys vs ELESCO LIMITED
DIFC Court of First Instance
14 July 2016
In the judgment the Claimant was entitled to payment of his unpaid salary, bonus and end of service gratuity. It was the Claimant’s case that the reasons given by the Defendant did not constitute ‘cause’ as defined by Article 59(A) of the DIFC Employment Law and therefore, that he should be entitled to remedies. The judgment awarded payment of unpaid salary; payment in lieu of notice period and vacation leave; reimbursement of business expenses, school fees and accommodation; payment of bonus and service gratuity; costs and interest.
Legislation and Practice
In the first half of 2016, there has been an increase in the number and total value of cases in the DIFC Court. This indicates an increasing confidence for businesses in the DIFC Courts and the figures show that between January and June 2016, the total value of Court of First Instance (CFI) cases, was approximately AED 3.44 billion. This compares with AED 2.33 billion in the same period of last year, a 48 percent year-on-year increase.
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