Frona v (1) Floris (2) Floyd [2015] DIFC SCT 083 (30 June 2015)
The employment contract was with the Second Defendant, not the First Defendant. There was no evidence of transfer or termination of the contract. The Second Defendant failed to pay the April and May 2015 salaries and did not attend or respond to the claim. Therefore, the Second Defendant is liable for the unpaid salary.
- Citation
- [2015] DIFC SCT 083
- Parties
- Claimant: Frona; First Defendant: Floris; Second Defendant: Floyd
- Jurisdiction
- United Arab Emirates
- Judgment Date
- 30 June 2015
- Procedural Posture
- Small Claim / Judgment
- Outcome
- Claim against First Defendant dismissed; claim against Second Defendant allowed.
- Legal Topics
- Employment Contract, Unpaid Salary, Employer Liability, Employee Suspension
Case Brief
Summary, issues, holding and outcome
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Parties
Frona
Claimant
Floris
First Defendant
Floyd
Second Defendant
Procedural Posture
Small Claim / Judgment
Legal Issues
- 1 Whether the First Defendant is liable as employer for unpaid salary
- 2 Whether the Second Defendant is liable for unpaid salary under the employment contract
Ratio Decidendi
The employment contract was with the Second Defendant, not the First Defendant. There was no evidence of transfer or termination of the contract. The Second Defendant failed to pay the April and May 2015 salaries and did not attend or respond to the claim. Therefore, the Second Defendant is liable for the unpaid salary.
Court Disposition
Claim against First Defendant dismissed; claim against Second Defendant allowed.
Orders
- Claim against First Defendant dismissed.
- Second Defendant to pay Claimant AED 15,000 for April and May 2015 salary.
Full Case Text
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