James Berry & Associates Employment Department E-Bulletin
October 2017
Case Law Update
The Claimant filed a claim seeking payment of her unpaid salary, and end of service gratuity she owed the Defendant a small amount for an outstanding amount of a loan made to her, which she asked to be deducted from the end of service gratuity entitlement.
The Defendant made a counter-claim and denied owing the end of service gratuity on the basis that there was a ‘termination for cause’ during the Claimant’s notice period.
The DIFC Small Claims Tribunal Court did not accept that there was a termination for cause and awarded the end of service benefits in accordance with Article 60 of the DIFC Employment Law.
However, the Court did award an amount in respect of the days the Claimant refused to work and breached her fiduciary obligations to the employer, calculated the daily rate of the damage and offset the amount against the award.
VAT Legislation in UAEÂ
The impending introduction of VAT in UAE from January 2018 continues to be at the forefront of businesses in the region and how they will implement and train (or recruit) employees to comply with the new VAT laws.
What has James Berry & Associates been up to recently
- Advising on transfer of employees in the UAE;
- Advice on issuing claim in the ADGM;
- Advising on the enforceability of restrictions in the UAE;
- Reviewing a complex Settlement Agreement dealing with both UAE and UK rights and benefits;
- Advising on Appeal Judgment in the Dubai Courts.
Please feel free to contact us for more information.
Partner, Head of Litigation, Dispute Resolution, and Real Property