Najwa v Nawaf [2024] DIFC SCT 312 (18 September 2024)

Najwa v Nawaf [2024] DIFC SCT 312 (18 September 2024)

The Claimant is entitled to unpaid salary for 21 days at the rate of AED 20,000 per month, less AED 8,000 already paid, and to penalties under Article 19 for late payment, as the Defendant failed to pay full remuneration within 14 days. The Defendant's counterclaim for visa costs and time wasted is dismissed as such costs cannot be recouped from employees under the law.

Citation
[2024] DIFC SCT 312
Parties
Claimant/defendant in Counterclaim: Najwa; Defendant/claimant in Counterclaim: Nawaf
Jurisdiction
United Arab Emirates
Judgment Date
18 September 2024
Procedural Posture
Employment Dispute (small Claims Tribunal) / Judgment After Hearing
Outcome
Claim allowed in part; counterclaim dismissed.
Legal Topics
Unpaid Salary, Employment Termination, Penalties for Late Payment, Visa Costs, Counterclaim Dismissal
Employment Law Unpaid Salary Employment Termination Penalties for Late Payment Visa Costs Counterclaim Dismissal

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Parties

Najwa

Claimant/defendant in Counterclaim

Nawaf

Defendant/claimant in Counterclaim

Procedural Posture

Employment Dispute (small Claims Tribunal) / Judgment After Hearing

Legal Issues

  1. 1 Whether the Claimant is entitled to unpaid salary for days worked
  2. 2 Whether the Claimant is entitled to penalties under Article 19 of DIFC Employment Law
  3. 3 Whether the Defendant can deduct visa costs or claim compensation for time wasted

Ratio Decidendi

The Claimant is entitled to unpaid salary for 21 days at the rate of AED 20,000 per month, less AED 8,000 already paid, and to penalties under Article 19 for late payment, as the Defendant failed to pay full remuneration within 14 days. The Defendant's counterclaim for visa costs and time wasted is dismissed as such costs cannot be recouped from employees under the law.

Court Disposition

Claim allowed in part; counterclaim dismissed.

Orders

  • Defendant to pay Claimant AED 19,654.39 plus interest at 9% from judgment date until full payment.
  • Defendant to pay Claimant court fees of AED 393.08.