Mako v Mali [2023] DIFC SCT 320 (25 December 2023)

Mako v Mali [2023] DIFC SCT 320 (25 December 2023)

The Defendant failed to show any error in the trial judge’s assessment of the evidence or any real prospect of success on appeal. The Claimant was entitled to payment for 12 days in June 2023 and one month notice period as found by the trial judge.

Citation
[2023] DIFC SCT 320
Parties
Claimant/respondent: Mako; Defendant/appellant: Mali
Jurisdiction
United Arab Emirates
Judgment Date
25 December 2023
Procedural Posture
Employment Dispute (small Claims Tribunal) / Application for Permission to Appeal (post Judgment)
Outcome
Permission to appeal refused
Legal Topics
Unpaid Salary, Notice Period, Appeal Procedure, Extension of Time
Employment Law Unpaid Salary Notice Period Appeal Procedure Extension of Time

Case Brief

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Parties

Mako

Claimant/respondent

Mali

Defendant/appellant

Procedural Posture

Employment Dispute (small Claims Tribunal) / Application for Permission to Appeal (post Judgment)

Legal Issues

  1. 1 Whether the Claimant was entitled to payment for 12 days in June 2023 and one month notice period
  2. 2 Whether the Defendant's appeal had a real prospect of success
  3. 3 Whether the Claimant waived further financial claims by accepting two months' salary

Ratio Decidendi

The Defendant failed to show any error in the trial judge’s assessment of the evidence or any real prospect of success on appeal. The Claimant was entitled to payment for 12 days in June 2023 and one month notice period as found by the trial judge.

Court Disposition

Permission to appeal refused

Orders

  • The Permission Application is refused.
  • Time for filing appeal notice extended to 11 December 2023.