DIFC Small Claims Tribunal- HANEUL v HEGE LLP

DIFC Small Claims Tribunal- HANEUL v HEGE LLP

Dispute Resolution

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.

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