Maceo v Macbeth Restaurant And Lounge [2021] DIFC CFI 074 (25 January 2022)

Maceo v Macbeth Restaurant And Lounge [2021] DIFC CFI 074 (25 January 2022)

The Defendant is the employer under the DIFC Employment Law and is liable to pay the Claimant all remuneration earned under the employment contract, regardless of any arrangement with a third party (Madge) for salary payments.

Citation
[2021] DIFC CFI 074
Parties
Claimant/respondent: MACEO; Defendant/appellant: MACBETH RESTAURANT AND LOUNGE
Jurisdiction
United Arab Emirates
Judgment Date
25 January 2022
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Employer Liability, Employment Contract Interpretation, Remuneration Obligations, Jurisdiction of DIFC Employment Law
Employment Law Employer Liability Employment Contract Interpretation Remuneration Obligations Jurisdiction of DIFC Employment Law

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Parties

MACEO

Claimant/respondent

MACBETH RESTAURANT AND LOUNGE

Defendant/appellant

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Defendant is liable to pay the Claimant's remuneration under the DIFC Employment Law despite another entity making salary payments
  2. 2 Whether the Claimant qualifies as an 'employee' under the DIFC Employment Law

Ratio Decidendi

The Defendant is the employer under the DIFC Employment Law and is liable to pay the Claimant all remuneration earned under the employment contract, regardless of any arrangement with a third party (Madge) for salary payments.

Court Disposition

Appeal dismissed

Orders

  • The Appeal is dismissed.
  • The Defendant and the Claimant must cooperate to ensure the cancellation of the Claimant’s UAE residency visa as soon as reasonably practicable.