Faridoon v Faustina [2015] DIFC SCT 018 (12 March 2015)

Faridoon v Faustina [2015] DIFC SCT 018 (12 March 2015)

Faustina was entitled to end of service gratuity, compensation for vacation leave, and unpaid salary as per DIFC Employment Law and her employment contract, despite termination during probationary period. Feisal was entitled to compensation for 30 days’ notice. The net sum owed to Faustina was AED 439 plus court fees.

Citation
[2015] DIFC SCT 018
Parties
Claimant/defendant in Counterclaim: Faridoon; Defendant/claimant in Counterclaim: Faustina
Jurisdiction
United Arab Emirates
Judgment Date
12 March 2015
Procedural Posture
Small Claims Tribunal / Judgment
Outcome
Claim partly allowed; counterclaim partly allowed; net sum awarded to Faustina.
Legal Topics
Probationary Period, Notice Period, End of Service Gratuity, Vacation Leave, Unpaid Salary
Employment Law Probationary Period Notice Period End of Service Gratuity Vacation Leave Unpaid Salary

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Parties

Faridoon

Claimant/defendant in Counterclaim

Faustina

Defendant/claimant in Counterclaim

Procedural Posture

Small Claims Tribunal / Judgment

Legal Issues

  1. 1 Entitlement to end of service gratuity during probationary period
  2. 2 Obligation to provide notice during probationary period
  3. 3 Compensation for vacation leave and unpaid salary

Ratio Decidendi

Faustina was entitled to end of service gratuity, compensation for vacation leave, and unpaid salary as per DIFC Employment Law and her employment contract, despite termination during probationary period. Feisal was entitled to compensation for 30 days’ notice. The net sum owed to Faustina was AED 439 plus court fees.

Court Disposition

Claim partly allowed; counterclaim partly allowed; net sum awarded to Faustina.

Orders

  • Faridoon shall pay Faustina the sum of AED 439 and the court's fee.
  • All other claims dismissed for lack of supporting evidence.