Merut v Musort [2023] DIFC SCT 383 (05 December 2023)

Merut v Musort [2023] DIFC SCT 383 (05 December 2023)

The Claimant is entitled to September revenue and a reasonable estimate of commission for the notice period despite being on garden leave, as garden leave should not deprive her of earnings she would have made from pre-booked appointments. The notice period is 30 days as per the contract and law. The Defendant must pay DEWS contributions as calculated, unless already paid into the qualifying scheme. Claims for flight ticket and insurance reimbursement are dismissed as not contractually or statutorily required. The Defendant's counterclaim for defamation and breach of contract is dismissed for lack of evidence.

Citation
[2023] DIFC SCT 383
Parties
Claimant/defendant in Counterclaim: Merut; Defendant/claimant in Counterclaim: Musort
Jurisdiction
United Arab Emirates
Judgment Date
05 December 2023
Procedural Posture
Employment Dispute (small Claims Tribunal) / Final Judgment After Hearing
Outcome
Claim partly allowed; counterclaim dismissed.
Legal Topics
Garden Leave, Notice Period, Commission Entitlement, DEWS Contributions, Counterclaim for Defamation, End of Service Benefits
Employment Law Garden Leave Notice Period Commission Entitlement DEWS Contributions Counterclaim for Defamation End of Service Benefits

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Parties

Merut

Claimant/defendant in Counterclaim

Musort

Defendant/claimant in Counterclaim

Procedural Posture

Employment Dispute (small Claims Tribunal) / Final Judgment After Hearing

Legal Issues

  1. 1 Entitlement to revenue and commission during notice period while on garden leave
  2. 2 Calculation and payment of DEWS contributions
  3. 3 Eligibility for flight ticket and medical insurance reimbursement

Ratio Decidendi

The Claimant is entitled to September revenue and a reasonable estimate of commission for the notice period despite being on garden leave, as garden leave should not deprive her of earnings she would have made from pre-booked appointments. The notice period is 30 days as per the contract and law. The Defendant must pay DEWS contributions as calculated, unless already paid into the qualifying scheme. Claims for flight ticket and insurance reimbursement are dismissed as not contractually or statutorily required. The Defendant's counterclaim for defamation and breach of contract is dismissed for lack of evidence.

Court Disposition

Claim partly allowed; counterclaim dismissed.

Orders

  • Defendant to pay Claimant AED 42,000 for September revenue and notice period revenue.
  • Defendant to pay Claimant's DEWS contributions of AED 10,870.70, unless already paid into the qualifying scheme.