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 AED 20,000/month (not AED 25,000, as performance targets were unmet), less AED 8,000 already paid. The Claimant is also entitled to penalties under Article 19 for late payment, as the Defendant failed to pay within 14 days of termination. The Defendant's counterclaim for visa costs and time wasted is dismissed as such costs cannot be recouped from employees under the law, and the Claimant was successful in her main claim.

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) / Final 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

Case Brief

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Parties

Najwa

Claimant/defendant in Counterclaim

Nawaf

Defendant/claimant in Counterclaim

Procedural Posture

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

Legal Issues

  1. 1 Whether the Claimant is entitled to unpaid salary for 21 days of work
  2. 2 Whether the Claimant is entitled to penalties under Article 19 of the DIFC Employment Law for late payment
  3. 3 Whether the Defendant can deduct visa costs or claim compensation for time spent on the claim

Ratio Decidendi

The Claimant is entitled to unpaid salary for 21 days at AED 20,000/month (not AED 25,000, as performance targets were unmet), less AED 8,000 already paid. The Claimant is also entitled to penalties under Article 19 for late payment, as the Defendant failed to pay within 14 days of termination. The Defendant's counterclaim for visa costs and time wasted is dismissed as such costs cannot be recouped from employees under the law, and the Claimant was successful in her main claim.

Court Disposition

Claim allowed in part; counterclaim dismissed.

Orders

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