Ondina v Olin [2025] DIFC CFI 046 (16 September 2025)

Ondina v Olin [2025] DIFC CFI 046 (16 September 2025)

The commencement date of employment was validly amended to 27 November 2023 by email exchange, which constituted a written and signed amendment under the DIFC Electronic Transactions Law. Therefore, the employee was terminated within the probationary period and not entitled to notice or additional benefits. The appeal was dismissed on this basis.

Citation
[2025] DIFC CFI 046
Parties
Claimant/appellant/respondent to the Cross Appeal: Ondina; Defendant/respondent/appellant to the Cross Appeal: Olin
Jurisdiction
United Arab Emirates
Judgment Date
16 September 2025
Procedural Posture
Employment Appeal and Cross Appeal From Small Claims Tribunal to Court of First Instance / Order With Reasons on Appeal and Cross Appeal
Outcome
Appeal dismissed; permission to cross-appeal granted; no order on cross-appeal; no order as to costs.
Legal Topics
Employment Contract Commencement Date, Probationary Period, Final Settlement Agreement, Waiver of Claims, Electronic Signatures, Appeal Procedure, Cross Appeal Procedure
Employment Law Employment Contract Commencement Date Probationary Period Final Settlement Agreement Waiver of Claims Electronic Signatures Appeal Procedure Cross Appeal Procedure

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Parties

Ondina

Claimant/appellant/respondent to the Cross Appeal

Olin

Defendant/respondent/appellant to the Cross Appeal

Procedural Posture

Employment Appeal and Cross Appeal From Small Claims Tribunal to Court of First Instance / Order With Reasons on Appeal and Cross Appeal

Legal Issues

  1. 1 Whether the employment commencement date was 20 November 2023 or 27 November 2023 for probation calculation
  2. 2 Whether the final settlement agreement validly waived the employee's claims under DIFC Employment Law Article 11(2)
  3. 3 Whether the cross-appeal was procedurally in time and should be permitted

Ratio Decidendi

The commencement date of employment was validly amended to 27 November 2023 by email exchange, which constituted a written and signed amendment under the DIFC Electronic Transactions Law. Therefore, the employee was terminated within the probationary period and not entitled to notice or additional benefits. The appeal was dismissed on this basis.

Court Disposition

Appeal dismissed; permission to cross-appeal granted; no order on cross-appeal; no order as to costs.

Orders

  • The Appeal is dismissed.
  • Permission to cross-appeal is granted.