Ismene v Irayna Hair Beauty Salon [2018] DIFC SCT 295 (09 October 2018)

Ismene v Irayna Hair Beauty Salon [2018] DIFC SCT 295 (09 October 2018)

The employment was continuous from 2016; claimant failed to prove unauthorized deduction, overtime, or commission entitlement; deduction for express visa was lawful; defendant must cancel claimant's visa; claimant must reimburse air ticket cost due to not completing one year; claimant must delete social media posts; all other claims and counterclaims dismissed due to lack of evidence.

Citation
[2018] DIFC SCT 295
Parties
Claimant/defendant in Counterclaim: Ismene; Defendant/claimant in Counterclaim: Irayna Hair Beauty Salon
Jurisdiction
United Arab Emirates
Judgment Date
09 October 2018
Procedural Posture
Employment Dispute (small Claims Tribunal) / Judgment After Hearing and Further Submissions
Outcome
Partially allowed for both parties; most claims and counterclaims dismissed.
Legal Topics
Employment Contract Continuity, Unauthorized Salary Deductions, Overtime and Commission Claims, Visa Cancellation, Counterclaim for Damages, Annual Leave Entitlement, Air Ticket Reimbursement, Social Media and Confidentiality
Employment Law Employment Contract Continuity Unauthorized Salary Deductions Overtime and Commission Claims Visa Cancellation Counterclaim for Damages Annual Leave Entitlement Air Ticket Reimbursement +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Ismene

Claimant/defendant in Counterclaim

Irayna Hair Beauty Salon

Defendant/claimant in Counterclaim

Procedural Posture

Employment Dispute (small Claims Tribunal) / Judgment After Hearing and Further Submissions

Legal Issues

  1. 1 Whether the employment contract was continuous from previous ownership
  2. 2 Entitlement to claimed salary deductions, overtime, commission, and visa cancellation
  3. 3 Validity of counterclaim for damages including breach of confidentiality, working elsewhere, social media posts, failure to serve notice period, annual leave, and air ticket

Ratio Decidendi

The employment was continuous from 2016; claimant failed to prove unauthorized deduction, overtime, or commission entitlement; deduction for express visa was lawful; defendant must cancel claimant's visa; claimant must reimburse air ticket cost due to not completing one year; claimant must delete social media posts; all other claims and counterclaims dismissed due to lack of evidence.

Court Disposition

Partially allowed for both parties; most claims and counterclaims dismissed.

Orders

  • Defendant to cancel claimant’s visa.
  • Claimant to pay defendant AED 1,145.00 for air ticket.